JUDGEMENT
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(1.)This regular second appeal is directed against the judgment of the first Appellate Court dated 20.3.2003.
(2.)The plaintiffs/appellants filed a suit for declaration to the effect that the order dated 18.1.1980 passed by the Prescribed Authority-S.D.O. (Civil), Thanesar and order dated 5.12.1995 of prescribed authority Thanesar and civil court decree dated 23.8.1989 are legal and binding on the parties and that they are owners in possession of the suit land measuring 463 kanals 14 marlas. It was prayed that the notice issued by the respondents on 23.6.1982, letter dated 8.7.1982 by the Prescribed Authority, Thanesar, order dated 27.2.1987 passed by the Collector Kurukshetra, order dated 27.4.1988 passed by the Commissioner, Ambala and the order dated 4.5.1990 passed by the Financial Commissioner, Haryana are illegal, null and void, no nest, inoperative and not binding on the rights of the plaintiffs/appellants with consequential relief of permanent injunction restraining the defendants/respondents from interfering in their peaceful possession and executing the orders dated 23.6.1982, 8.7.1982, 27.2.1987, 27.4.1988 and 4.5.1990. It was pleaded that vide orders dated 27.5.1960 3 standard acres and 83/4 units were declared surplus during the life time of Atma Ram, their father and the said land was ordered to be allotted to Amra and Antu but was never utilized by the State of Haryana and thus the plaintiffs became owners in possession of the suit land vide civil court decree dated 7.1.1972. Atma Ram during his life time moved an application dated 8.7.1976 before the prescribed authority which was allowed on 18.1.1980 and it was dedared that no land in the hands of Atma Ram could be declared as surplus. The said order attained finality as no appeal/revision was filed against the same. Atma Ram died on 19.11.1977 and thereafter the plaintiffs were declared as small land owners vide civil court decree dated 26.2.1980. Notice dated 23.6.1982 was issued to allot the land belonging to Atma Ram measuring 49 kanals 12 marlas by some allotment committee. It was pleaded that this notice be declared illegal, null and void.
(3.)Upon notice, the respondents filed written statement and contested the suit by controverting the averments made in the plaint. It was submitted that the appellants were owners in possession of the land measuring 463 kanals 14 marlas and on 22.5.1960 land measuring 49 kanals 12 marlas was declared surplus in the hands of Atma Ram which was initially allotted to Antu and Amar Singh but subsequently this allotment was cancelled and the land was re-allotted to Isham Singh, Kartara Ram and Ishri. The land vested in the State of Haryana after being declared surplus under the Punjab Security of Land Tenures Act, 1953. On 21.6.1979 a stay was granted by the civil court restraining the respondents from utilizing the land. A decree was obtained on 7.1.1972 by the appellants in which the State of Haryana was not impleaded as a party and therefore the ownership could not be changed in the revenue record. After the order of 18.1.1980 an application under Section 10-A of the Punjab Security of Land Tenures Act read with Section 8 of the Haryana Ceiling on Land Holdings Act was moved and an order was passed on 5.12.1985 wherein exemption was granted qua 49 kanals 12 marlas of land which had already been declared as surplus. This order was set aside by the Collector on 27.2.1987 and subsequently the Commissioner and the Financial Commissioner vide orders dated 27.4.1988 and 4.5.1990, respectively upheld the order of the Collector dated 27.2.1987. In this way, the effect of the order dated 18.1.1980, upon which reliance was placed by the appellants, was negated. The bar of jurisdiction of the civil court was also pleaded. It was further pleaded that the notice which has been issued for utilisation of the land by the allotment committee was perfectly right.
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