State Of Haryana v. Bagga Singh
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(( ( != "Suit for declaration to the effect that the order or the proceedings, if any, initiated by t he defendant no.2 declaring land measuring 320 Kanals 0 marla, comprised in Sq. No.303 Killa No.1/1 (0"6) Sq. No.304 Killa No.1(7" 4), 2(7"11) 3 to 5(24"0) 6(8"11) 7(7"11) 8(7"11) Sq. No. 27 Killa NO.11 (4"14) 12(8"0) Sq. Nos. 209 Killa No.23/2(4"5), 22/2(1"6). 10/2(5"1) 11(7"12) 20(7"19), 22/1(6"5), Sq. No. 24 Kilda No.1 (8"0) 218"12) 9/214"2) 10/1(6"13), Sq. No. 306 Killa No.9/2, (1"12) 10/2(6"19) 11(7"12), 12"13 (16"0) 18"19 (16"0) 20(7"12), Sq. No.61 Killa No. 3(8"0) 4/1(1"12) 4/2(6"0) 4/3 (6"0) 6 to 8 (24"0) 13 to 18 (48"0) 24/1(4"13) 25/1(4"13), Sq. No. 62 Killa No.10 (8"0) 11(8"18) 20(6"0) 21/1(2"4), situated at Village Bori, Tehsil and Distt.
Sirsa, as surplus in the hands of the plaintiffs and the proforma"defendants, under the provisions of the Haryana Ceiling on Land Holdings Act, 1972 and the orders dated 25.2.1981, 28.10.1983 and 15.2.1985 passed by the S.D.0.
Hisar Division, Hisar, respectively and also the order of the Hon'ble Financial Commissioner, Haryana, Chandigarh, passed in R.O.R No.192 of 1985 instituted by Surjit Singh etc. the plaintiffs and the proforma" defendants, against the aforesaid three orders, are wrong and illegal, null and void, against law and against facts, without authority and without jurisdiction non"est, against the principles of nature justice and equity, against the mandatory provisions of law, as contained in the Haryana Ceiling on Land Holdings Act, and the Haryana Utilisation of surplus and other Area Scheme, 1976 and hence liable to be set aside, and the are not binding on the rights of the plaintiffs and the proforma" defendants, and as a consequential relief of permanent injunction, restraining the defendants from ousting/dispossessing the plaintiffs and the proforma" defendants from the aforesaid land, from further implementing the executing the aforesaid orders on the spot, against the plaintiffs and the proforma"defendants, on the basis of evidence of all kinds, oral and documentary."
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(1) A Revenue"officer, as such, may either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors in office :
Provided as follows: - (a) when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed and when a Revenue"officer of a class below that of Collector proposes to review any order whether passed by himself or by any of his predecessors in officer he shall first obtain the sanction of the Revenue"officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order or unless the applicant satisfies the Revenue"officer that he had sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected there by to appear and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not be reviewed.
(2) For the purposes of this section the Collector shall be deemed to be the successor in office of any Revenue" officer of a lower class who has left the district or has ceased to exercise powers as a Revenue"officer and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review, or confirming on review, a previous order."
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(3) The area declared surplus or tenant's permissible area under the Punjab law and the area declared surplus under the Pepsu Law, which has not so far vested in the State Government, shall be deemed to have vested in the State Government with effect from the appointed day and the area which may be so declared under the Punjab Law or Pepsu Law after the appointed day shall be deemed to have vested in the State Government with effect from the date of such declaration.
(4) xx xx xx"
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3 43 Ayub Whether speaking/reasoned : Yes/No Whether reportable : Yes/No