(1.) The petitioner and Bachan Singh purchased the right to realise lease money from nazul land situated in village Rajgarh in the erstwhile Patiala State (and now in district Ludhiana) in 2004-2005 BK. = 1947-1948 A.D. for a sum of Rs. 61,500/- in an auction held on Baisakh 4, 2004 BK, corresponding to April 15, 1947. Bachan Singh has since died and the Collector, Ludhiana, started proceedings for the recovery of Rs. 46,743.75 as arrears of lease money due from the petitioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959. That Act was declared to be ultra vires and another Act called the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, was enacted which came into force on November 27, 1959. The petitioner has challenged the right of the Collector, Ludhiana to recover the amount as arrears of land revenue under Section 7 on the said Act.
(2.) The facts are not in dispute. The nazul land in village Rajgarh used to be leased out by auction every year by the erstwhile State of Patiala and the lessee used to recover the rent from the tenants-at-will. In the year 1947-48, the petitioner and Bachan Singh were the highest bidders and so they were allowed to realise the rent from the tenants-at-will. Under Section 7 of the said Act, the Collector is entitled to recover the amount of damages from any person who is or has at any time been in unauthorised occupation of any public premises. Assuming that the nazul land is within the definition of "public premises" the petitioner cannot be said to have been in unauthorised occupation thereof. He took the lease of that land in an auction held by the State and that auction entitled him to realise the rent from the tenants-at-will. At best it can be said that the petitioner was liable to pay the amount of Rs. 61,500/- which he took the lease of nazul land in village Rajgarh for one year as an authorised occupant. The rent for authorised occupation cannot be recovered under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 or 1973. The State Government or the Collector may adopt any other mode of recovery available. The petition, therefore, succeeds and is accepted with costs. The proceedings for the recovery of the amount from the petitioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 and 1973 are hereby quashed. Counsel's fee Rs. 100/-. Petition accepted.