The declaration of surplus land under the Punjab Act attained finality, precluding reopening under the Haryana Act, emphasized by the court's recognition of legislative intent and established case law.

JUDGMENT :

Harsh Bunger, J.

Petitioners have filed the instant writ petition under Article 226 of the Constitution of India, inter alia, seeking setting aside of order dated 09.03.1984 (Annexure P-3) passed by the learned Sub Divisional Officer (C)-cum-Allotment Authority, Ambala.

2. Briefly, it is claimed by the petitioners that they are the grand sons and legal representatives/successors of Sh. Paras Ram @ Parsa son of Sh. Udai Ram, resident of Village Mirzapur, Tehsil and District Ambala. It is stated that on 15.04.1953, when the Punjab Security of Land Tenure Act, 1953 (in short ‘the Punjab Act’) came into force, a total area equivalent to 37 standard acres and 11¼ unit stood recorded in the revenue records as the ownership of Sh. Paras Ram @ Parsa (predecessor-in-interest of petitioners). It is stated that the present petitioners were also the co-owners of the aforesaid area, although in the revenue records, the same stood in the name of Sh. Paras Ram @ Parsa, who subsequently, transferred 10 standard acres and 13 units in the name of petitioner No.1 (Labh Singh) and others.

2.1 It appears that the proceedings under the Punjab Act were initiated against Sh. Paras Ram @ Parsa for determination of the surplus area under the Punjab Act. Vide order dated 15.06.1960 (Annexure P-1), passed by the learned Collector, Ambala, an area measuring 98 Kanal-9 Marla, equivalent to 7 standard acres and 11¼ units of Sh. Paras Ram @ Parsa in Village Mirzapur, was declared as surplus. Relevant extract of order dated 15.06.1960 (Annexure P-1) reads as under:-

“As per report of Naib Tehsildar, Ambala Shri Parsa S/o Udhe Ram of village Mirjapur possessed on 15-4-53 37 SA 11¼ U. Later he transferred land equivalent to 10 SA-13U through a gift. This transfer is, however not permissible. Shri Parsa has been summoned and his statement has been recorded. He has stated that he sold some land after 15-4-53 and now he possessed 26 SA-14 ¼ U. He has however, added that if this transfer is not allowed, fields Khasra Numbers 11/21, 22, 23, 24, 13/1, 2, 3, 4, 5, 12/5, 6/13/10, 9, 13/8 new west, 5/12/2 as reported by Naib Tehsildar measuring 98K-9M, belonging to him in village Mirjapur, he declared as surplus. Accordingly, fields Khasra Numbers given above measuring 98K-9M equivalent to 7 SA-11¼ of Shri Parsa in village Mirjapur area declared as surplus.”

2.2 Petitioners claim that while passing the aforesaid order dated 15.06.1960 (Annexure P-1), even the land which was ‘Banjar Kadim’ and ‘Gair Mumkin’, was also included, although the same was to be kept out of the consideration.

2.3 Petitioners state that subsequently the Haryana Ceiling on Land Holdings Act, 1972 (in short ‘the 1972 Act’) came into force, whereunder, every land owner was entitled to have a primary unit of 7.25 hectares and a separate unit for his every adult son, according to which, Sh. Paras Ram @ Parsa was entitled to have a primary unit and a separate unit for his son Ishar Singh (father of petitioner).

2.4 It transpires that under the 1972 Act, an order dated 05.01.1978 (Annexure P-2) was passed by the Sub Divisional Officer (Civil)-cum- Prescribed Authority, Ambala, holding that there was no surplus area of Sh. Paras Ram @ Parsa.

2.5 It is the case of petitioners that till the death of Sh. Paras Ram @ Parsa on 04.08.1982, the land which was declared surplus under the Punjab Act, vide order dated 15.06.1960 (Annexure P-1), the same had not been utilized and consequently, when the succession to the Estate of Sh. Paras Ram @ Parsa opened, all the legal representatives, including the petitioners, became entitled to have their own primary units in terms of Sectio