A final civil court decree regarding title and possession of surplus land is binding on all parties and successors. Land is considered utilized upon allotment and delivery of possession, and transfers made during pending litigation are subject to the final judicial determination.

JUDGMENT :

HARSH BUNGER, J.

1. This order shall dispose of two petitions i.e. CWP-2878-A-1996 and COCP-2166-2024 and for the purpose of passing order, the facts are being taken from CWP-2878-A-1996.

CWP-2878-A-1996.

2. Petition herein is, filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for setting aside the order dated 26.10.1994 (Annexure P-13) passed by learned Financial Commissioner, Haryana and to further quash certificate of allotment (Form US-3) dated 09.08.1995 (Annexure P-14) issued by learned Allotment Authority, Karnal in favour of Sh. Sadhu Ram (predecessor in interest of respondents No.4 to 10 herein).

2.1 Another prayer has been made to uphold and maintain the order dated 01.03.1988 (Annexure P-10) passed by learned Collector (Agrarian), Karnal and order dated 31.01.1989 (Annexure P-12) passed by learned Commissioner, Ambala Division, Ambala.

3. Briefly, Sh. Takan Dass S/o Sh. Milkhi Ram (father of proforma respondent No.11-Radha Krishan) was a big land owner of village Jundla, Tehsil and District Karnal. It appears that he transferred some of his land, (including land in question measuring 05 bighas - 11 biswas comprised in Khasra Nos.1245, 1513 and 1513/1) situated at Village Jundla, Tehsil and District Karnal in favour of his son Radha Krishan (proforma respondent No.11) vide a Civil Court decree dated 27.04.1959.

4. It transpires that the then learned Collector (Agrarian), Karnal, vide order dated 05.11.1962 declared 71 standard acres and 3^3/4 units of land of Sh. Takan Dass as “surplus area” under the Punjab Security of Land Tenures Act, 1953 (in short the “1953 Act”) by ignoring the transfer made vide Civil Court decree dated 27.04.1959..

5. Sh. Takan Dass is stated to have expired on 15.09.1967, whereupon, a mutation No.2342 as regards succession of his estate was sanctioned in favour of his sons, including proforma respondent No.11 – Radha Krishan.

6. It further transpires that out of the surplus land of Sh. Takan Dass, land to the extent of 24 bighas - 05 biswas comprised in pre- consolidation Khasra Nos.1560min(0-19), 1561(4-7), 1562(1-17), 1563(0- 17), 1564(1-18), 1565(1-19), 1582(1-15), 1589(4-7), 1590(2-6) and 1591(4- 0), came to be allotted in favour of Sh. Sadhu Ram s/o Sh. Prabhu Dayal (father of respondents No.4 to 9 and husband of respondent No.10 herein) vide order dated 25.09.1962 passed by learned Collector (Agrarian), Karnal, and its possession was delivered to Sh. Sadhu Ram on 20.05.1963.

6.1 Later on, another area measuring 05 bighas - 11 biswas comprised in Khasra No.1245 min(west), 1513min and 1513/1 also came to be allotted to above-referred Sh. Sadhu Ram, out of the surplus land of Sh. Takan Dass vide order dated 20.01.1965 (Annexure P-2) passed by the learned Collector (Agrarian), Karnal.

6.2 It appears that possession of land measuring 05 bighas - 11 biswas, came to be handed over to Sh. Sadhu Ram (allottee) vide possession proceedings dated 27.02.1965 (Annexure P-3), the relevant extract of the same reads as under:-

“Possession has been given/got delivered by demarcation at site to the tenant who is to get the possession. The tenant, who is to get the possession, is satisfied with this action. One copy of Form K-6 has been handed over to the tenant who is to take possession and one copy of Form K-6 has been handed over to the Patwari Halqa for record. Proclamation to this effect has been got made in the village through Sadhu, village Watc