STATE OF PUNJAB Vs. BHAI ARDAMAN SINGH

JUDGEMENT

(1.) In this group of appeals the dispute relates to agricultural lands situate in village Dialpura-Bhaika, District Bhatinda in the former State of Pepsu and now in the State of Punjab. The lands originally belonged to Bhai Arjan Sing. On his death in 1946 the lands devolved upon his son Bhai Ardhman Singh, the first respondent in these appeals. Alleging that Bhai Arjan Singh forcibly deprived them of the lands some time in May-June 1943, seventy tenants applied to the Collector Sangrur and Bhatinda for an order for restoration of possession under S. 43 of the Pepsu Tenancy and Agricultural Lands Act 8 of 1953. The Collector granted the applications and ordered that possession be restored to the tenants. The orders were confirmed in appeal by the Commissioner. The Commissioner was of the view that the order under S. 43 could be passed by the Collector on his subjective satisfaction that a person was in wrongful or unauthorised possession of lands. The Financial Commissioner confirmed the order of the Commissioner on the ground that substantial justice had been done by the subordinate revenue authorities, and no interference with the orders was called for.

(2.) Bhai Ardaman Singh then filed writ petitions in the High Court of Punjab challenging the orders passed by the Financial Commissioner. The petitions were heard by Gosain, J. In the view of the learned Judge Act 8 of 1953 was a complete machinery for the decision of disputes like the dispute before him. He observed:

(3.) Section 43 of the Pepsu Act 8 of 1953 provides: