IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2909 of 1986 (O&M) Date of decision:25.11.2011 Jagmal Singh and another ...Petitioners versus State of Haryana, through Secretary to Government, Haryana, Revenue Department, Chandigarh, and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Harbhagwan Singh, Senior Advocate, with Ms. Dilraj Kaur, Advocate, and Mr. S.N.Pillania, Advocate, for the petitioners. Mr. Satbir Singh Goripuria, DAG, Haryana. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The present writ petition deals with a case of a defect in proceedings of the Collector proceedings to declare the holding in the hands of Sadhu Ram as in surplus in terms of Punjab Security of Land Tenures Act of 1953 without serving a notice on the purchaser. The order of the Collector came to be passed on 26.08.1960 but the purchase claimed as having been made on 06.02.1959 in favour of Piara Singh. Piara Singh is no more and his son is the 2nd petitioner. Pursuant to the proceedings, mutation also appears to have been Civil Writ Petition No.2909 of 1986 (O&M) - 2 - made on 18.02.1960 in favour of the purchaser. It is an established principle of law that the validity of sale itself is never an issue at that stage but the purchaser shall still be entitled to a notice so that he has an opportunity to protect himself by ensuring that the property purchased by him falls within an area allowed to be retained by the owner. The proceedings could not have taken place by the authority without serving a notice on the 2nd petitioner. The impugned orders passed by the authorities are set aside and remitted to the authority for fresh adjudication after notice to the alienee or the legal heirs of the deceased alienee. 2. The writ petition is disposed of as above. (K. KANNAN) JUDGE 25.11.2011 sanjeev