SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Santa Singh and Bara Singh, two Harijans of village Bhagowal, have instituted this petition under Articles 226 and 227 of the Constitution for restraining the respondents from forcibly evicting the petitioners and for setting aside the sale of the land in favour of Respondent 4, made by Respondents 1, 2 and 3.

(2.) The land in dispute measures 14 acres and is comprised in Khasra Nos. 12/3, 5, 6, 8, 13, 12/15, 16, 18, 23, 24, 12/25 and 15/3/2, 4. It is alleged by the petitioners that they have been in its continuous possession for the previous five years as lessees. It is averred that under the Nazool Lands Transfer Rules, 1956, the petitioners are entitled to the transfer of the proprietary rights in it by the Government.

(3.) In the written statement filed on behalf of Respondents 1 and 2, Shri Gurpartap Singh Sahi, Deputy Commissioner, Gurdaspur, has averred that the land in dispute was not Nazool land, and that it had been acquired by the Punjab Government, Agricultural Department, in the year 1961-62 for setting up a Seed Farm. Subsequently, the Punjab Government, vide their memo., dated 7th February, 1969, decided to auction the land as the Seed Farm was proving to be uneconomical. That was why, the land was auctioned on 18th November, 1970, and Shri Gurdial Singh, Respondent 4, was the highest bidder, his bid being Rs. 1,76,000/-. This sale of land in favour of Respondent 4 is still to be confirmed by the Punjab Government. It was admitted that the land was leased out by the Agriculture Department on a yearly basis. It was averred that the period of the lease had expired and the possession of the petitioners was illegal and unauthorised.