- (1.) Garja Singh and others (twelve in all) petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, direction or order for quashing the order of the Financial Commissioner, Haryana, dated November 30, 1971.
(2.) The case of the petitioner is that Tikka Singh, petitioner No. 12, was a big landowner at the time of enforcement of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act). He held 101 standard acres 3-1/4 units of land in village Dehr, and another 102 standard acres 4-1/2 units in village Doomawala, both in tehsil Naraingarh, district Ambala. In consolidation proceedings his holding was increased to 106 standard acres 3-3/4 units in village Dehr and decreased to 78 standard acres 7 units in village Doomawala. Petitioner Nos. 1 to 11 are old tenants of Tika Singh petitioner and they are cultivating a part of his holding in village Dehr since before the commencement of the Act. The Collector Surplus declared 152 standard acres 1-1/4 units as surplus in the hands of Tikka Singh vide an ex parte order dated June 7, 1960. Thereafter, the Collector started review proceedings but vide order dated November 11, 1963, again declared the same area, that is, 152 standard acres 1-1/4 units, as surplus in the hands of Tikka Singh. On April 1, 1964, Tikka Singh moved a review application against the order of the Collector dated November 11, 1963, on the ground that there were tenants on his land and tenants' permissible area had not been excluded from his holding. Petitioner Nos. 1 to 10 also filed an appeal against the said order of the Collector but withdrew the same on November 4, 1964. Their request for review of the order of the Collector was turned down on November 8, 1965. The review application moved by Tikka Singh landowner was rejected on May 5, 1964. Petitioner Nos. 1 to 10 and 12 filed appeals against the order of the Collector dated November 8, 1965, which were rejected by the Commissioner, Ambala, on December 21, 1966. During the pendency of the proceedings before the Commissioner, petitioner Nos. 1 to 11 were dispossessed from a part of their tenancy area and the same was allotted to respondent Nos. 3 to 29.
(3.) Petitioner Nos. 1 to 10 did not agitate against the order of the Commissioner, Ambala, dated December 21, 1966, dismissing their appeal. Tikka Singh, petitioner (landowner) filed a revision before the Financial Commissioner against the order. Shri B.S. Grewal, Financial Commissioner, Haryana, passed the order dated January 25, 1967, which is reproduced below :- Present : Shri Bodhi Raj Datt, Advocate, for the petitioner. ORDER The Collector (Sub-Divisional Officer), Naraingarh, by his order dated the 11th November, 1963, declared 152 S.As. 1-1/2 units of the petitioner's land as surplus area under the Punjab Security of Land Tenures Act. An application for review of this order, was rejected by the Collector. Likewise, a revision against that order was rejected by the Commissioner on the 21st December, 1966. He has come up in revision against that order, and alleges that the Collector erred in including some 160 bighas 19 biswas of land in his holding, which was under occupancy tenants, and that some other land comprising about 153 Khasra numbers, which was under tenants, was also included in the petitioner's holding. According to him, the land held by occupancy tenants and other tenants should have been excluded in computing the petitioner's surplus area. The petitioner has filed an affidavit in support of these facts. The case is returned to the Collector, Naraingarh, with the direction that the statement of the petitioner with regard to the aforementioned errors may be verified. If these mistakes have been made, then they may be corrected and the relief due to the petitioner given. Should the affidavit be false, then steps may be taken to prosecute the petitioner. ANNOUNCED." In pursuance of this order of the Financial Commissioner, the Collector, Naraingarh, declared 147 standard acres 8 units as surplus vide order dated July 25, 1967. Petitioner Nos. 1 to 10, as also Tikka Singh, petitioner No. 12, filed appeals against the order of the Collector dated July 25, 1967. The Commissioner accepted both the appeals vide order dated October 10, 1967, and remanded the case to the Collector to decide it afresh after hearing the old tenants, the landowner and the re-settled tenants as also other necessary parties. The Collector, thereafter, vide his order dated January 22, 1968, declared only 3 standard acres 8-1/2 units as surplus.;