Surplus land declared under the Punjab Security of Land Tenures Act, 1953, automatically vests in the State Government on the appointed day under Section 12(3) of the Haryana Ceiling on Land Holdings Act, 1972, and the original land owner ceases to be the owner of the surplus area.

T.H.B.Chalapathi, J.

1. The petitioners are the legal heirs of one Rampat who was a big land owner. As he possessed land in excess of permissible limits under the provisions of the Punjab Security of Land Tenures Act, 1953, by an order dated 12.12.1980 the land of an extent of 40.42 ordinary acres was declared as surplus in his hands. The said order determining the surplus area under the provisions of Punjab Security of Land Tenures Act, 1953 became final. Thereafter, the Haryana Ceiling on Land Holdings Act, 1972 came into force. The big land owner Rampat died on 10th July, 1973 leaving the petitioners as his legal heirs. By an order dated 25th August, 1980 the Sub Divisional Officer (Civil), Dabwali who is also the prescribed authority under the Haryana Ceiling on Land Holdings Act, 1972 sought to allot the surplus land of Rampat of an extent 17.47 ordinary acres situated in village Gindran to the eligible allottees as per the provisions of Utilisation of Surplus and other Areas Scheme, 1976, Aggrieved by the order dated 25.8.1980 of the Sub Divisional Officer (Civil) Dabwali, the petitioners filed an appeal before the, Collector, Sirsa, who by an order dated 8th June, 1981 dismissed the appeal. A further revision to the Commissioner was also unsuccessful. Challenging the orders of the Sub Divisional Officer (Civil), Dabwali (Anriexure P-1) dated 25.8.1980, of the Collector in appeal (Annexure P-3) dated 8.6.1981 and the Commissioner on revision (Annexure P-5) dated 29.4.1982, the petitioners filed this writ petition for quashing the said orders by issuing a writ of certiorari.

2. According to the petitioners after coming into the force of Haryana Ceiling on Land Holdings Act, 1972 the surplus area has to be determined in the hands of Rampat and as Rampat died in the year 1973 the surplus area is to be re-determined in the hands of his legal heirs and without determining the surplus area under the provisions of Haryana Ceiling on Land Holdings Act, 1972 the surplus land which was determined in accordance with the provisions of Punjab Security of Land Tenures Act, 1953 cannot be utilised. It is their further case that the Sub Divisional Officer (Civil), Dabwali while passing. the order dated 25.8.1980 was acting as prescribed authority under the provisions of Haryana Ceiling on Land Holdings Act, 1972. As there is no determination of surplus area in the hands of the petitioners the order of the prescribed authority is invalid and liable to be set aside. They further contended that the land has not been vested in the State Government simply because it was declared as surplus under the provisions of Punjab Security of Land Holdings Act, 1953 and, therefore, the same cannot be utilised. It is, therefore, contended that the orders of the authorities below are liable to be set aside. In the written statement the respondents inter-alia contended that the surplus area in the hands of the big land owner Rampat was determined on 12.12.1960 and the said order has become final and, therefore, the petitioners cannot challenge the said order after lapse of more than 20 years. The land which was determined as surplus under Punjab Security of Land Tenures Act, 1953 stood vested in the Government on the date when the Haryana Ceiling on Land Holdings Act, 1972 came into force and, therefore, that land has to be excluded from the holding of the big land owner as it became vested in the State Government. Since the said land was vested in the State Government the same can be utilised by the authorities under the provisions of Haryana Utilisation of Surplus and Other Area Scheme, 1976, therefore, there is no illegality or infirmity in the orders passed by the authorities and the writ petition is, therefore, liable to be dismissed.

3. There is no dispute that the land of an extent of 17.47 ordinary acres in the village Gidran was declared as surplus area in the hands of Rampat who was the predecessor in title of the petitioners by the comp