KARTAR SINGH Vs. COLLECTOR

JUDGEMENT

(1.) THIS order shall dispose of Letters Patent Appeal Nos. 909, 910, 925 to 933, 971 of 1992, 29, 755 of 1993 and 884 of 1994 as also C.W.P. Nos. 2795, 6896, 6897 and 6898 of 1993 as common questions of law and facts are involved therein.

(2.) THE learned Single Judge disposed of 163 writ petitions by a common order that came to be recorded in C.W.P. No. 11269 of 1991 as in all the matters vires of Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (here -in -after to be referred to as the Act of 1961) had been challenged. Section 7 was held to be intra -vires. In some of the writ petitions, the findings recorded by the Collector, Patiala, in an application filed Under Section 11 of the Act of 1961 filed by petitioners and which findings were affirmed by the Commissioner, Patiala Division, in an appeal, dismissing the application, were also assailed. The writ petitions were dismissed by the learned Single Judge, both on the question of vires of Section 7 as also on facts. Some of the petitioners -appellants herein, being aggrieved of the order of the learned Single Judge, have filed these letters patent Appeals under Clause X of the Letters Patent. The judgment of the learned Single Judge, insofar as it relates to vires of Section 7 of the Act of 1961 has not been challenged and the counsel representing the appellants in all the appeals have confined their arguments to the facts of the case. The arguments have been mainly addressed in L.P.A. No. 925 of 1992 which has been argued by Mr. Jagan Nath Kaushal, Sr. Advocate, His arguments have been adopted by counsel representing the appellants in the remaining LPAs.

(3.) THE Collector, Patiala, in the applications instituted by the appellants, Under Section 11 of the Act of 1961, on the pleadings of the parties, framed the following issues : -