AVINASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, the petitioners besides, challenging the constitutionality of Section 8(2) of the Punjab Pre-emption Act, 1913 (for short, the Act) also impugn the notification (Annexure P. 7) issued by the State Government in exercise of its powers under that Sub-section. So far as the challenge to the vires of Section 8(2) is concerned, we see no merit in the same in the light of our yesterday's judgment in Civil Writ Petition No. 3172 of 1982 (Ram Kishan V. State of Haryana, 1984 PunLJ 170) upholding the vires of the same. In order to appreciate the challenge to the notification (Annexure P.7) on the ground of lack of bona fides or legal malice, the following facts which form the back-drop of the case, deserve to be noticed.

(2.) On September 24, 1981, the State Government issued notification (Annexure P.1) exempting six specific sales made in favour of respondents 2 to 4 during the period April 11, 1978 to October 26, 1979, from the provisions of the Act in exercise of its powers under Section 8(2). The petitioners who had filed their respective suits to enforce their right of pre-emption through the civil Courts, impugned that notification on a similar ground i.e. lack of bona fides. I vide my judgment dated August 23, 1982 in C.W.P. No. 4961 of 1981 (Avinash Chander and others V. The State of Haryana and another) quashed that notification with the conclusion that in the circumstances of the case it could not be held to have been issued in good faith. It deserves to be mentioned here that the notification Annexure P.1 was issued and the judgment in Civil Writ Petition No. 4961 of 1981 was pronounced, the suits of the plaintiff petitioners were pending either with the trial the trial Court or at the appellate stage but none of these had been dismissed on merits.

(3.) Case of the petitioners now is that respondents Nos. 2 to 4 having failed in their design to get them non-suited on the strength of the notification Annexure P. 1, made another effort in that regard and managed with the State authorities for the issuance of yet another notification on May 17, 1983 (Annexure P.3) which reads as follows :-