PARAS RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution for the issuance of writs of mandamus and certiorari, or any other direction or order, quashing the order, dated 12.12.1967, of the Additional Director of Consolidation of Holdings (Respondent 1).

(2.) Smt. Surasti Devi, Respondent 2, is a big landowner in village Kot Kapura, Tehsil Faridkot, District Bhatinda. On 21.12.1960, Revenue Assistant II Agrarian, Bhatinda, declared 8.08 standard acres of the land as surplus with her, as she was proved to be the owner of 38.08 standard acres of land in the estate of Kot Kapura. On 7.4.1964, the land measuring 48 Kanals, bearing Khasra Nos. 8636, 8637, 8640 to 8648, 8453 Min, 8454 and 8458, were allotted to Paras Ram, Petitioner No. 1, and land measuring 60 Kanals 19 Marlas, bearing Khasra Nos. 8648 Min, 8649 to 8652, 8660, 8663, 8664, 8970 Min, 8972, 19872, 14828, 9789 to Sant Ram, Petitioner No. 2 by way of Utilisation of Surplus Lands Scheme by allotment to landless tenants in accordance with the provisions of Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter called 'the Tenancy Act') and the Rules framed thereunder.

(3.) In 1963-64, consolidation operations took place in the village. On repartition, a separate Tak was carved out by the consolidation authorities in respect of the surplus area of Respondent No. 2. After the repartition, the Agrarian Collector, Faridkot, reconsidered the surplus case of Respondent No. 2 on 27.4.1965, and, on respondent No. 2's refusal to select permissible area after repartition, allotted land measuring 31 Kanals 12 Marlas, bearing Killa Nos. 449/21, 449/22, 450/25/2, 489/4, 5 and 6, to Paras Ram, Petitioner No. 1, and land measuring 17 Kanals 19 Marlas, bearing Killa Nos. 489/7, 15, 490/1, to Sant Ram, Petitioner No. 2. The possession of this allotted land was delivered on 17.5.1965 by the Field Kanungo in pursuance of the said allotment order. The petitioners are thus in actual possession of the land. Respondent 2 filed an appeal against the order, dated 27.4.1965, to the Collector Agrarian, Bhatinda, who dismissed it on 21.8.1965. Respondent 2 preferred a revision petition to the Commissioner, Patiala, against the order, dated 21.8.1965 of the Collector. Relying upon Bhullar v. The Punjab State,1965 PunLJ 132, the Commissioner accepted the revision petition and remanded the case to the Sub-Divisional Officer (Civil), Bhatinda, for a fresh decision after giving an opportunity to Smt. Surasti Devi, Respondent 2, to exercise her choice of the permissible area afresh. Consequently, that case is pending before the Naib-Tehsildar Agrarian, Faridkot.