Adopted son's right to hearing in surplus-area proceedings confirmed; notice cannot be limited to revenue records alone.

A valid adoption under custom relates title back to the date of adoption, divesting the widow and vesting ownership in the adopted son; on that footing, the petitioner was a person directly affected by surplus-area proceedings and entitled to notice and hearing. Rule 6 of the Punjab Security of Land Tenures Rules, 1956 required an opportunity of hearing for persons concerned and was not limited to names in Form D or revenue records. The earlier authority only permitted identification of persons from available records at the initial stage and did not bar a later hearing when a genuinely interested person came forward. The Collector should therefore have entertained the review and decided the matter on merits after hearing him.

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Issues: Whether the petitioner, as an adopted son whose title related back to the date of adoption, was a person interested entitled to notice and hearing in surplus-area proceedings, and whether the Collector could refuse review of the earlier order passed without hearing him.

Analysis: Under custom, a valid adoption divests the widow of title and vests ownership in the adopted son from the date of adoption. On that basis, the petitioner was a person whose rights were directly affected by the surplus-area determination. The requirement in Rule 6 of the Punjab Security of Land Tenures Rules, 1956, that persons concerned be given an opportunity of hearing was not confined to names appearing in Form D or in the revenue records. The earlier decision relied upon only dispensed with an enquiry beyond the available records for identifying persons to be noticed at the initial stage; it did not exclude a later hearing where a genuinely interested person came forward and had not been heard.

Conclusion: The petitioner was entitled to be heard, and the Collector ought to have entertained the review and decided the surplus-area matter on merits after giving him a full opportunity of hearing.

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