This appeal by special leave arises against the order of the Division Bench of the Punjab Haryana High Court made on 20.9.1978 in LPA No.404/75 companyfirming the order of the learned single Judge dated May 8, 1975 setting aside the order of taking over possession of the surplus land dated July 20, 1961 and directing redetermination of the surplus land.
As stated earlier, the learned single Judge and the Division Bench of the High Court have set aside the Government order on the ground that Inder Singh was found having less land than the prescribed standard acres under the Act as was determined in the companysolidation proceedings.
The admitted facts are that the Collector exercising the power under PEPSU Tenancy and Agricultural Lands Act, 1955 determined surplus land of the respondents at 18.82 standard acres by proceedings dated May 28, 1960.
Subsequently, it would appear by companysolidation proceedings that had taken place in the year 1961 62, it was found that Inder Singh was having less extent of land than the prescribed standard acres under the Act.
Notice of surrender was given on June 3, 1961 calling upon the respondents to deliver possession of the aforesaid surplus land within ten days from the date of the receipt or the numberice.
Admittedly, the possession of 18.82 standard acres of land was taken by the State officials from Inder Singh who had acknowledged taking over possession on July 12, 1961.
Consequently, when he filed an application before the authorities, the Commissioner as well as the revisional authorities negatived the claim resulting in filing of the writ petition.
The order was number challenged by filing the appeal.
That order having been allowed to became final.
Therefore, the surplus land was required to be redetermined and restituted.
Substitution allowed.
