Smt. Ram Kanta vs Financial Commissioner (Revenue) Haryana at Chandigarh and others

J.M. Tandon, J.—Shrimati Rama Kanta petitioner is the owner of land measuring 14 Bighas 7 Biswas, bearing Killas Nos 188, 180, 190, 191, and 193 in village Lehrondi, Tehsil Kalka, District Ambala. This land was in occupation of Rupa alias Ram Sarup, respondent No. 3. The land of village Lehrondi is in Qanango Circle Pinjore, which was a part of PEPSU before its merger with Punjab The petitioner filed an application for ejectment on form K-1, against the tenant-respondent, in the Court of Assistant Collector 1st Grade. Ambala, who accented the same vide order dated 29th September, 1970. The respondent filed an anneal against the order of the Assistant Collector, which was dismissed by the Collector vide order dated 6th/9th May, 1971 (Annexure ''B''). The respondent then filed revision against the order of his ejectment. The only point taken in the revision was that after the merger of PEPSU with Punjab, the ejectment proceedings against him could be initiated by the Landowner under the Pepsu Tenancy and Agricultural Land Act and not under the Punjab Security of Land Tenures Act. The proceedings initiated by the landowner (petitioner) against him under the Punjab Security of Land Tenures Act are illegal and are liable to be set aside. This plea Prevailed with the Commissioner, who vide order 10th August. 1971 (Annexure ''C'') opined that a serious violation of law had been committed by ordering the ejectment of the respondent on an application filed by the petitioner under the Punjab Security of Land Tenures Act. He recommended to the Financial Commissioner (Revenue) that the orders passed by the Assistant Collector and Collector, ordering the ejectment of the respondent be set aside. The Financial Commissioner by order dated 7th November, 1971 (Annexure ''D'') accepted the recommendation made by the Commissioner and set aside the orders of the Assistant Collector and the Collector. The petitioner has assailed the order of the Commissioner (Annexure ''C'') and that of the Financial Commissioner (Annexure ''D'') in the present writ.

The land of village Lehrondi was a part of PEPSU before its merger with Punjab. It is admitted that the proceedings for the ejectment of the respondent from the land in dispute could be initiated by the petitioner under the Pepsu Tenancy and Agricultural Land Act. The petitioner initiated proceedings against the respondent for ejectment under the Punjab Security of Land Tenures Act. The proceedings under the Punjab Security of Land Tenures Act could be initiated on an application filed in Form K-1 whereas a suit was required to be filed for ejectment of the respondent under the Pepsu Tenancy and Agricultural Land Act. The Commissioner and the Financial Commissioner rightly held that the proceeding initiated by the petitioner under the Punjab Security of Land Tenures Act for the ejectment of the respondent were illegal. The orders of the Assistant Collector and Collector, directing the ejectment of the respondent, were rightly set aside.

In the result, the writ fails and is dismissed with no order as to costs.