SHARI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution praying for issuance of a writ of mandamus or any other appropriate writ striking down the vires of Section 51 of the Pepsu Tenancy and Agricultural Lands Act, (8 of 1953 ).

(2.) THE facts on the basis of which the prayer is made are that the petitioners were occupancy tenants of one Ram Dass of village Oyal, tehsil Kanda Ghat, district Simla. This Ram Dass is said to have gifted all his property to the petitioner-tenants. On his death, the State of Pepsu resumed the land of Ram dass as nazul area despite the petitioners' protest. The appeals and revisions of the petitioners were said to have been unsuccessful. The petitioners for the last 20 years have been giving bids and have been getting the lease of the land in their favour from year to year. The petitioners claim the benefit of Section 22 of this Act which enables a tenant who has been in cultivating possession of land for twelve years to become the landlord on payment of compensation by installments. The petitioners also stated that they were willing to purchase the said land according to the provisions of the Act, but the authorities had not favourably entertained their petition in view of the provisions of Section 51 which the petitioners now pray to the struck down as ultra vires of the Constitution. Section 51 of the Pepsu Tenancy and Agricultural Lands Act, 1955, grants exemption of certain lands from the provisions of the Act. It reads.

(3.) MR. Lakhan Pal, learned counsel for the petitioners contends that Section 51 generally and in particular sub-section (a) is violative of Article 14 of the constitution. His contention is that an invidious distinction is being created between a tenant of an individual landlord as against the tenant of the government. The former has certain privileges which are being denied to the latter.