DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dalip Singh and two others have filed this writ petition under Article 226/227 of the Constitution of India for issuance of a writ of certiorari quashing the judgment dated December 9, 1975, of District Judge, Karnal order dated October 21, 1976, passed by the Assistant Collector, Panipat, and the order dated May 4, 1978, passed by the Collector, Karnal.

(2.) The facts giving rise to the filing of this writ petition may briefly be stated thus :

(3.) It is urged by the learned counsel for the petitioners that the judgment of the learned District Judge, Karnal, dated December 9, 1975, was without jurisdiction and was a nullity because section 13-B, ibid, provided only for a transfer of pending suits and not pending appeals. In support of this contention he relied upon a Division Bench decision of the Court in The Karnal Co-operative Farmers Society Ltd. v. Gram Panchayat, Pehowa and others, 1976 PunLJ 237. This decision indeed fully supports the petitioners' contention. The case was not covered under sections 13-A and 13-B of the Punjab Village Common Lands (Regulation) Act as applicable to the State of Haryana. Section 13-A was struck down in Karnal Co-operative Farmers Society's case as being unconstitutional. In order to meet the situation created by the decision, the Haryana Legislature enacted the Punjab Village Common Lands (Regulation) Haryana Amendment Act No. 2 of 1981, thereby substantial changes in the existing section 13, ibid, were made. In fact section 13 was substituted by a new section 13. Old sections 13-A and 13-B were omitted from the Statute Book with effect from November 12, 1974, and new sections 13-A, 13-B, 13-C and 13-D were inserted retrospectively with effect from May 4, 1961. So, Act No. 2 of 1981 had been given retrospective effect with effect from May 4, 1961. This amendment was challenged in Bajinder Singh and another v. The Assistant Collector 1st Grade, Gukla and others,1983 PunLJ 116, wherein it was held :-