CWP No.2546 of 1989 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2546 of 1989 (O&M) Decided on : 16.12.2010 Rameshwar ... Petitioner versus State of Haryana & others ... Respondents CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. S.K.Bansal, Advocate for the petitioner. Mr. Kamal Sehgal, Addl. AG, Haryana. **** JASBIR SINGH, J. This order will dispose of CWP Nos.2546, 2550 & 12748 of 1989 as common facts and question of law are involved. To dictate order, the facts of case are mentioned from 2546 of 1989. This writ petition has been filed with the prayer to declare the provisions of sub section 3 of Section 12 of the Haryana Ceiling on Land Holdings Act, 1972 (in short 'the Act') as ultra vires of the Constitution of India and further prayer has been made to quash the orders dated 20.04.1960 determining surplus area with the petitioner/predecessors-in-interest, order dated 5.6.1980 granting partial relief by exempting some land from the land already declared surplus and order dated 11.01.1988 dismissing an application of the petitioner to reconsider the order dated 20.04.1960 declaring surplus land with the petitioner. So far as challenge to the vires of sub section 3 of Section 12 of the Act is concerned, as per information supplied, that provision was upheld by a Full Bench of this Court in Smt. Jaswant Kaur and CWP No.2546 of 1989 (O&M) -2- another vs. State of Haryana and another, 1977 PLJ 230 and that judgment was confined by the Supreme Court. If that is so, challenge to the vires of the provisions of sub section 3 of Section 12 has become infructuous. Learned counsel for the petitioner has failed to raise any contrary argument in that regard. On merits, in view of the facts of this case, it is not possible to interfere at the instance of the petitioner. It is not in dispute that initially the surplus area with the petitioner/their predecessor-in- interest was declared vide order dated 20.04.1960. The petitioner did not file any appeal against that order which has become final. In the meantime, Haryana Ceiling on Lands Holding Act, 1972 came into existence. Surprisingly, in a very clever manner, the petitioner filed an application by stating that, as it has been observed in order dated 20.04.1960, the petitioner/his sons has not purchased the land rather they got the land through pre-emption suit. A prayer was made to give relief to the petitioner to that extent by releasing area from the land declared surplus with him. Surprisingly, after the lapse of more than 20 years that application was accepted and 97 kanals 1 marla of the land was released from the land declared surplus earlier. That order was not challenged by the petitioner. Thereafter again without making reference to the earlier application made, petitioner moved an application under Section 8 and 24-A of the Act for release of land from surplus pool on the same ground on which earlier benefit was procured by the petitioner. That application was dismissed being time barred and also on merits. We feel that the petitioner was not even entitled to the relief which was granted to him vide order dated 05.06.1980. That CWP No.2546 of 1989 (O&M) -3- order appears to have been passed in connivance with some revenue official. The order Annexure P-5 is perfectly justified and there was no occasion for the petitioner to move an application virtually to review the order passed in the year 1960. Second application was hopelessly time bared. No interference is called for and hence this writ petition is dismissed. (Jasbir Singh) Judge December 16, 2010 (Augustine George Masih) sonia Judge