LAKHA Vs. H B LAL

JUDGEMENT

(1.) This petition which I have permitted the counsel for the petitioners to convert it into one under Article 226 of the Constitution was originally filed under Article 227, to challenge the validity of the order passed in appeal by the Additional Commissioner, Ambala Division, on 19th of September, 1964.

(2.) It is not disputed that the petitioners Lakha, Omi and Mt. Ganga became tenants of the proprietary body in banjar qadim land in village Bajada Pehari in the year 1948. The petitioners started cultivation of the land in 1950-51 After having broken it and had been recorded as being in cultivating possession since then, On the enactment of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), the Panchayat of Bajada Pehari became the proprietor of this land in substitution of the general proprietary body.

(3.) The Gram Sabha of village Bajada Pehari as the new proprietor under the Act brought an application for ejectment of the tenants before the Assistant Collector in July 1962. No reason for ejectment was mentioned apart from the fact that the Gram Sabha as the proprietor was entitled to this order from the Assistant Collector. The Assistant Collector in his order of 16th of May, 1963, granted the prayer of the Gram Sabha and made an order for ejectment. In the appeal filed by the tenants the Collector set aside the order of the Assistant Collector and held that a lawful tenant of the Panchayat could not be ejected under the provisions of the Act. The Additional Commissioner in appeal however took a different view and made an order of ejectment. The petitioners have sought the intervention of this Court in certiorari proceedings.