The matter was then carried to the High Court in a writ petition.
Against the appellate order a revision was carried to the Financial Commissioner in the year 1981 and it was companytended before the Financial Commissioner that the original land holder having died on 5.1.76 before the vesting of the land in the State of Haryana under Section 12 3 of the Haryana Ceiling on Land Holdings Act, 1972, the heirs of the original surplus land holder inherited the same and companysequently the question of surplus will have to be determined under the provisions of Haryana Act and there is numbersurplus.
Death having occurred much later in 1976, the legal heirs cannot claim any right on the basis that they are entitled to an individual ceiling unit as the land has number been utilised.
The order of the Collector dated 21.4.61, declaring surplus in the hands of the land holder was assailed in appeal but the same was dismissed by the Commissioner, Ambala Division by his order dated 14.7.61.
These appellants allottees were number parties to the writ petition and therefore, the High Court was in error in snatching away their rights without hearing them and without impleading them as parties in the writ petition.
By such allotment and delivery of possession in their favour, rights have been companyferred on such allottees and therefore, any order without impleading them as parties companyld number have been passed which has the effect of taking away their rights.
Thereafter such surplus lands were allotted to different landless persons and possession thereof was given to them who have been companytinuously in possession of the same since 1976.
PATHAK.J. The appellants are landless persons and they had been allotted different parcels of surplus land of the surplus holder Late Prem Nath Maira after determination of the surplus in his hand by the Collector by Order dated 8th of June, 1960 under the Punjab Security of Land Tenures Act, 1953.
