SHRI JOGINDER SINGH Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a revision petition against the orders of the Divisional Commissioner, dated 30 -12 -1975 where by he dismissed an appeal against the orders dated 13 -12 -1974 of the Sub -Divisional Officer (Civil), Una exercising the powers of the Collector under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 (hereinafter called the Act).

(2.) The only point raised before me by the learned Counsel for the Petitioner was that for one reason or the other, the Petitioner had not exercised his option to select permissible area and that he being in possession of only 9 kanals and one marla of surplus land, he may be permitted to re -exercise his right of selecting the permissible area and allowed to surrender an equivalent area of land out of the area at present determined as his permissible area.

(3.) Ss. 8, 9 and 10 are the relevant Ss. of the Act dealing with the selection of the permissible area and the declaration of the surplus area of a person. In accordance with Sec. 8, every person, who on the appointed day, i.e. 24th of January, 1971 or at any time thereafter holds land in excess of the permissible area, shall furnish to the Collector particulars of all his lands and that of the separate unit within a prescribed period and in a prescribed form and manner, stating therein the selection of land not exceeding in aggregate the permissible area which he desires to retain. In case of a failure of a person to select his permissible area in accordance with the provision of Sec. 8, the Collector is empowered under Sec. 9(2) to select the permissible area of such person; provided that no such order shall be made without giving the person concerned an opportunity to be heard, Sec. 10 makes it obligatory on the Collector to publish a draft statement showing among other particulars the total area of land owned or held by a person, the specific parcels of land which a person may retain by way of permissible area or exemption from ceiling, and also the surplus area, and to serve a copy of the draft statement on the person concerned. Any objection received within 30 days of the service has to be duly considered by the Collector before passing the final orders.