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1994 Supreme(SC) 87

K.RAMASWAMY, M.N.VENKATACHALIAH
Surinder Nath Dewan – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

The appellant was declared to have 15 standard acres as surplus land by an order of the Collector dated December 12, 1960 made under the provisions of the East Punjab Security of Land Tenures Act, 1953, which had come into force on April 15, 1953. That order became final. Earlier, in the year 1956 under the East Punjab Area Utilisation of Lands Act, 1949, the possession of 41 kanals 19 marlas which is now declared as surplus, was taken by the Collector and leased out to a tenant. It appears that during consolidation proceedings, the appellant had manoeuvred to obtain a decision from the authorities that he had only 6 standard acres of surplus land. Subsequently, in the year 1979, the appellant sought for restoration of land leased as being surplus land. In pursuance thereof, the Authorities appear to have issued directions to restore the leased land to the appellant. However, a simultaneous proceeding appears to have been taken to assign the earlier declared surplus land to landless poor. The appellant questioned the action of the respondent in assigning such surplus land to the landless poor on the ground that he was not given even show cause notice, by filing a writ petit




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