MOHINDAR SINGH Vs. STATE OF PEPSU AND ANOTHER

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution arising out of facts as stated below.

(2.) THE petitioner Mohinder Singh, avers that he is the owner of 29 kanals and 5 marlas land, field, Nos. 81, 82 and 87, situate within the area of village Hari Nau, in tehsil Faridkot of Bhatinda District, and was in possession of the land as such, when on 14 -6 -1953, under the authority of the respondents, the Pepsu State and the Collector of Bhatinda district, some members of backward, classes were put in possession of the land, thus dispossessing the petitioner of the same. The respondents treated the land as State land and on that score leased it to certain members of backward classes. The petitioner points out that he had been in possession of the land for more than fifty or sixty years even in the time of the former Faridkot State and later a suit brought against Him by His Highness the Maharaja of Faridkot on 28 -8 -2005 Bk. for possession of this land was dismissed on 25 -10 -2006 Bk. The petitioner, therefore, says that the action of respondent No. 2, Collector of Faridkot district, in leasing the land and ousting the petitioner from possession of it without any notice to him is illegal and without jurisdiction.

(3.) IT is admitted by the Learned Counsel for the parties that possession of the land had passed from the petitioner to the lessees under the respondents so there can be no question of issuing writs in the nature of mandamus directing the respondents not to lease out the land or prohibiting them from dispossessing the petitioner from the land.