GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 835 and 4532 of 1974, as the same orders of the revenue authorities under the Pepsu Tenancy and Agricultural Lands Act, (hereinafter called the Act), have been challenged therein.

(2.) The facts may be enumerated in brief.

(3.) Respondent No. 20, Shrimati Charanjit Kaur, who was the owner of the land, in dispute, measuring 306 bighas 6 biswas situated in village Piand, Tehsil and District Patiala sold the same by means of a registered sale deed to the petitioners and one Bishan Singh, in 1959. Out of them, Bishan Singh has died and his legal representatives are respondent Nos. 16 to 19. Respondent Nos. 5 to 15 submitted applications on March 15, 1961, under Section 22 of the Act, before respondent No. 3, for the grant of proprietary rights of the lands under their tenancies. The prescribed authority under the Act, allowed these applications by order dated September 13, 1961. Appeals by the landowners were accepted by the Collector and the cases were remanded for de novo decision by order dated September 7, 1962. On remand, the Assistant Collector, First Grade, Patiala, by his order dated February 27, 1963, allowed the purchase applications. The transferee-landowners again approached the Collector, Patiala, by way of appeal, but did not succeed and the appeals were dismissed on August 30, 1963. Revision petitions before the Financial Commissioner were also dismissed by his order dated May 4, 1964. The transferee-landowners challenged this order by means of seven separate writ petitions under Articles 226 and 227 of the Constitution which were allowed on June 14, 1966 and the cases were remanded for de novo decision and the prescribed authority was directed to determine the following questions :