BANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The surplus area of respondent No. 3 was declared on November 9, 1964. Possession of that surplus area is shown to have been taken on December 20, 1974. The petitioners claim that they have been in continuous possession since August 1, 1962. In reply to the notices under Section 9(1) of the Punjab Land Reforms Act, 1972 , objections were filed by the petitioners. Those objections have been dismissed by the orders of the Collector, Ludhiana, dated December 31, 1974 (Annexure P. 5), on the ground that possession having been changed since December 20, 1974, the objections have become infructuous and the same have no force. This is no valid ground in law. The Collector should have decided the objections filed by the respondent petitioners on merits in accordance with law unless there was some legal impediment in doing so. Moreover, while disposing of such detailed objections, the Collector should have passed a speaking order. We, therefore, quash the impugned order of the Collector (Annexure P. 5), and direct the Collector to dispose of the petitioners' objections against the notices under Section 9(1) of the Punjab Land Reforms Act, 1972 , on merits in accordance with law. The petitioners shall not be dispossessed from the land in dispute till the decision of their objections by the Collector. They should appear before the Collector on May 30, 1975. If that day is declared a holiday or the Collector is not in office on that day, the petitioners shall appear before him on the following working day, when the Collector is available. Appearance shall be put in by the petitioners in writing along with a copy of this order. Petition accepted.