CWP No. 2452 of 1986 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 2452 of 1986 Date of decision November 25, 2011 Chander Bhan ....... Petitioner Versus State of Haryana and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Harbhagwan Singh Senior Advocate with Mr. S. N. Pilani, Advocate for the petitioner. Mr. S. S. Goripuria, DAG., Haryana. Mr. Mani Ram Verma, Advocate for respondent No.2. **** 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 writ petition challenges the order of the second respondent declaring the property in the hands of Harbans Singh as surplus. Harbans Singh appears to have died in the year 1971 but the proceedings of the Collector came about through an order 20.3.1980 when he declared 370 Kanals as surplus. The grand sons of Chander Bhan, who was the petitioner, claimed that he obtained a decree against his grand father on the file of Sub Judge, Kaithal on 1.3.1958 declaring him to be entitled to 166 Biggas 2 Biswas of land and pursuant to the decree, mutation had also been signed on 26.8.1958. The adjudication made without serving him notice was not therefore valid. 2. Two issues stand out for consideration; i) the validity and effect of the decree said to have been obtained by the CWP No. 2452 of 1986 2 petitioner against the land owner Harbans Singh. ii) since the mutation had also been sanctioned the notice must have been given to the petitioner to enable the authority to allow the registered owner a right of objection against the assessment of holding and determination of surplus. 3. Again, if the land owner himself had died and the property had gone by inheritance to the legal heirs without the surplus determination at the relevant time, the holding in the hands of the legal heirs of the land owner Harbans Singh is required to be redetermined. The impugned order is set aside and the matter stands remitted to the Collector for adjudication after appropriate notices to the legal heirs of Harbans Singh and to the petitioner and take a decision in accordance with law. The writ petition is allowed in the above terms. (K. KANNAN) JUDGE November 25, 2011 archana