Bikkar Singh vs Punjab State and others

M.M. Punchhi, J. (Oral)

The petitioners undisputable obtained land by way of purchase of June 20, 1956, from a big Landowner in village Ferozepur, Sub Tehsil Payal, District Ludhiana, in the erstwhile State of Pepsu. That area was governed under the Pepsu Tenancy and Agricultural Land Act, 1955. The predecessorininterest of the petitioners was associated with surplus area proceedings and his land was declared surplus which included the land purchased by the petitioners. The petitioners were not associated in the surplus area proceedings at any stage. That they had a right to be heard at that stage is well settled by a Full Bench decision of this Court in Harnek Singh and another v. The State of Punjab and others, 127 (1971 PLJ 727.) Notice under section 9 of the Punjab Land Reforms Act issued to the petitioners to make way for the State could not trample their rights without their being associated in surplus area proceedings. Accordingly all the proceedings against the petitioners being at their back are liable to be and are hereby quashed, leaving it open to the State to determine the surplus area in the hands of the petitioners, if any, after giving them an opportunity of being heard. With these observations, this petition is allowed. No costs.