BHAJAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, Bhajan Lal, Ram Rikh and Gopal have sought the aid of this Court to quash the order passed by the Collector, Hissar, on 16th May, 1963 setting aside the order passed by the Tehsildar as an Assistant Collector, II Grade, cancelling the surety bonds executed by them.

(2.) One Kanshi Ram, described as a temporary Lambardar of village Pirthala, happened to fall into arrears for payment of land revenue amounting to the substantial sum of Rs. 46,146.31. It was moved before the Tehsildar on 12th March, 1963 that proper action should be taken against him. The Tehsildar on that date issued a warrant of arrest under section 69 of the Punjab Land Revenue Act, 1887 (hereinafter called the Act) against Kanshi Ram treating him as a defaulter. Kanshi Ram was accordingly taken under arrest and kept in custody. On 15th March, 1963, it was represented before the Tehsildar that the three petitioners had been persuaded by the relations of Kanshi Ram to stand surety for Rs. 23,706.48 out of Rs. 46,146.31 outstanding against the defaulter. The statement which they made before the Tehsildar was in these words :-

(3.) The Tehsildar further on the representation of the petitioners made on 29th March, 1963, directed thus :-