J.S.KHEHAR,J. - (1.) THROUGH the instant writ petition, the petitioners have impugned the orders passed by the revenue authorities, which eventually culminated in the order dated 13.01.2004 (Annexure P-4) passed by the Financial Commissioner, Haryana, dismissing the revision petition filed by the petitioners.
(2.) THE first issue canvassed by the learned counsel for the petitioners, as was also canvassed by the petitioners before the revisional authority, is that the land which has been declared surplus in the hands of the big land owners under the Punjab Security of Land Tenures Act, 1953,ought to be returned to such big land owners while considering the issue of surplus land under the Haryana Ceiling on Land Holdings Act, 1972. Insofar as, the first issue is concerned, we are of the view, that the Apex Court has repeatedly held, that the provisions of the Haryana Ceiling on Land Holdings Act, 1972, do not permit the recomputation of surplus area by taking into consideration such land, which was declared surplus in the hands of a big land owner under the provisions of the Punjab Security of Land Tenures Act, 1953. In this behalf, reference may be made to the decisions of the Apex Court in Sampuran Singh v. State of Haryana, 1994(3) RRR 113 : 1994(2) PLR 420, Smt. Bhagwanti Devi and Anr. v. State of Haryana and Anr., 1994(3) RRR 115 : 1994(2) PLR 423, Amar Singh v. Ajmer Singh, 1994(3) RRR 90 : 1994(3) PLR 433 and Kanshi Ram v. State of Haryana and others, 1991(1) RRR 585 : 1991 PLJ 106. In view of the authoritative determination on the issue canvassed by the learned counsel for the petitioners in the judgments referred to hereinabove, it is not possible for us to accept the first contention advanced by the learned counsel for the petitioners.
(3.) THE second contention advanced by the learned counsel for the petitioners is, that the land in question, which was declared as surplus under the provisions of the Punjab Security of Land Tenures Act, 1953remained unutilised, and as such, the petitioners were entitled to re-determination of the same under the provisions of the Haryana Ceiling on Land Holdings Act, 1972.;