R.S. Narula, J. - (1.) THE question of true and correct interpretation of Sub -sections (4) and (5) of Section 32 -D of the Pepsu Tenancy and Agricultural Lands Act (13 of 1955) as amended by the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act (27 of 1962), hereinafter called the Act, has arisen in this petition under Articles 226 and 227 of the Constitution in the following circumstances.
(2.) KISHAN Singh landowner, hereinafter referred to as the Petitioner, has one son Jangir Singh and two grandsons viz., Rup Singh and Sukhdev Singh. The Petitioner owned land - - (i) in village Dhudi measuring 13.96 standard acres; and (ii) in village Chak Dhudi measuring 33.76 standard acres; in Tehsil Faridkot, on November 9, 1953, Kishan Singh got report No. 91 (annexure 'A') recorded in the Roznamcha Waqiati of the Patwari. Annexure A -I to the writ petition is a translation of the said report in English. The translation, the correctness of which has not been disputed, reads as follows - - I have transferred half of my land situated in village Dhudi. Mutation of that land be effected half in my name and half in the name of Jangir Singh. The land situate in Chak Dhudi be mutated in favour of Rup Singh and Sukhdev Singh, sons of Jangir Singh - -my grandsons because I have to go to Bikaner. It is difficult to look after the entire land ' here. I have transferred it willingly and voluntarily. According to the Petitioner, these transfers were made by way of gifts. The Khasra Girdawaris (marked exhibits P. 2 and P. 3 in the proceedings before the departmental authorities) show that possession of the gifted lands was handed over to the donees at the time of the report and that the donees have continued to remain in possession thereof till now. The Petitioner filed his return in respect of his holding wherein he showed the above mentioned alienations. The particulars of the return were checked by the Naib Tehsildar, Agrarian and draft statement under Sub -section (2) of Section 32 -D was thereupon issued inviting objections against the same. It appears that the alienations were ignored in the draft statement. This led to the Petitioner filing objections against the statement on December 16, 1960. By his order, dated January 30, 1961, Shri Barjinder Singh, Collector, Agrarian Reforms, Faridkot, appraised the evidence produced before him including the entry in the Roznamcha Waqiati and the deposition of Jai Singh Patwari, incharge, Dhudi Circle, dated January 17, 1961 (copy annexure 'B' and translation annexure B -I) as well as Khasra Girdawaris referred to above and held that the area which formed the subject -matter of the gifts should not be included in the holdings of the Petitioner. The result of exclusion of the donated land from consideration was that no surplus area remained in the name of the Petitioner. The Collector, therefore, allowed the objection petition and directed that the case be filed and consigned to the record. Admittedly, no appeal was preferred by the State against the above mentioned order of the Collector, though an appeal lay against the same under Sub -section (3) of Section 32 -D of the Act.
(3.) ON the complaint of one Gurdial Singh, the Collector (Shri J.S. Qaumi, Sub -Divisional Officer, Civil, Faridkot, exercising the powers of Collector Agrarian, Faridkot) issued notice to the Petitioner, whose counsel brought the gifts in question to the notice of the Collector. Thereupon, the Collector' passed the order, dated October, 30, 1968 (annexure 'D', the operative part of which reads as follows: As this case requires re -examination on the point of total assessable area on 30th October, 1956, this case is referred to the learned Commissioner, Patiala Division, for permission to review order, dated 30th January, 1961 of the then Collector Agrarian, Faridkot. The parties will, of course, be given opportunity to represent their case.;