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2011 Supreme(P&H) 2172

K.KANNAN
Mangat ram – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioners:Mr. L. N. Verma, Advocate and Mr. D. N. Ganeriwala, Advocate and Mr. Ashok Verma, Advocate.
For the Respondent Nos. 1 & 2: Ms. Kirti Singh, DAG., Haryana.
For the Respondent No.3: None.

JUDGMENT

Mr. K. Kannan, J. (Oral). - The writ petition challenges the order passed by the Financial Commissioner on 27.5.1986 accepting the revision filed by the big land owner Raghbir Singh who is arrayed as the third respondent herein. The challenge to this order is brought at the instance of the petitioner who was an allottee of a portion of the property under the Haryana Employees Utilization of Surplus Area Scheme of 1976. This allotment was made after the declaration was made holding that the third respondent held property in excess of the permissible area and that the property allotted had been earlier treated as surplus in the hands of the third respondent. Initially the third respondent owned 220 K and 11 M and obtained a further acquisition through a Civil Court decree on 4.4.1975 an extent of 145 K 6 M. The total extent became to 365 K 17 M. This was more than the extent permissible under the Act and an initial attempt of the mother of Raghbir Singh namely Sarswati seeking for allocation of unit in the manner of determination of the family was repulsed by the authority when it found that Sarswati was herself shown as a member of the family by her husband Mohan Lal who wa








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