RAJINDERPAL SINGH ATHWAL Vs. DISTRICT COLLECTOR, MOHALI

JUDGEMENT

(1.) Present cases has very interesting history and involves substantial questions of law of vital importance. Initially C WP No. 17936 of 2008 titled as Rajinderpal Singh versus District Collector and Others was preferred before learned Single Judge of this Court raising grievances that respondent No. 4 has illegally acquired/purchased about 1200 acres of land in Chhoti Bari Nangal, H. Bast No. 339, Tehsil Kharar after coming in force the Punjab Land Reforms Act, 1972; likewise the respondent No. 4 has acquired about 37 acres in village Paroul and about 50 acres in village Majrian, Tehsil Kharar; the land in name of respondent No. 4 is more than the permissible area as prescribed under the Punjab Land Reforms Act. 1972 (for brevity, 'the Act'). Under the provisions of Punjab Land Reforms Act. 1972 no person can hold land beyond the permissible area. Any land beyond the permissible area would be surplus land in the hand of the person and shall be taken in possession by the State Government and that surplus land shall be utilized by the State by allotting it to the eligible persons mentioned in the Act. The further contention of the petitioner is that despite of making representations/complaints nothing was done by the Revenue authorities against respondent No. 4-Company.

(2.) Learned Single Judge,--vide order dated 22nd September, 2009 dismissed the writ petition by observing that order dated 22nd July, 2004 passed by Collector by which case against respondent No. 4 was directed to be consigned has not been challenged in the writ petition and it is debatable as the petitioner has locus-standi to assail the exemption that has been granted to respondent No. 4.

(3.) Feeling aggrieved from the order dated 22nd September, 2009 passed by learned Single Judge, present LPA No. 1323 of 2009 is preferred. On 20th January, 2010, statement was made by the appellant/writ petitioner that present petition is in the nature of Public Interest Litigation (PIL). Having recorded the statement of the appellant matter was directed to be listed to the appropriate Bench hearing the PIL. However, Hon'ble the Chief Justice,--vide order dated 29th January, 2010 directed to list the present case (PIL) before us.