LAWS(P&H)-1983-7-56

MEHLA AND OTHERS Vs. ASSISTANT COLLECTOR AND OTHERS

Decided On July 13, 1983
MEHLA AND OTHERS Appellant
V/S
ASSISTANT COLLECTOR AND OTHERS Respondents

JUDGEMENT

(1.) This batch of four writ petitions (Nos. 2959, 3187, 3188 and 3189 of 1976) raises common questions of law and fact and can conveniently be disposed of by a common judgment.

(2.) Briefly stated the facts are that the petitioners had been allotted certain lands by the State Government in 1955. The lands were banjar and were not being cultivated. By putting massive efforts and incurring huge expense, the petitioners made these cultivable. The lease was for 20 years.

(3.) The petitioners were not summoned by the Assistant Collector, Panipat, nor any proceedings for their eviction/ejectment were taken in their presence. The petitioners were surprised to know about orders dated 28th April, 1976, passed by the Assistant Collector,Panipat purporting to exercise powers under section 7 of the East Punjab Utilisation of Lands Act (for short 'the Act') ordering the issuance of warrants of possession against the petitioners regarding the lands, in dispute.