KHAZAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged the order dated October 6, 1975, passed under Section 7 of the Punjab Village Common Lands (Regulation) Act (hereinafter called the Act) by the Assistant Collector Ist Grade, Sonepat. This order is admittedly appealable under Section 7 of the Act.

(2.) An objection has been raised that as an alternate remedy of an appeal under Section 7 of the Act is available to the petitioners, the present writ petition shall stand abated under sub-section (2) of Section 58 of the Constitution (Forty-second Amendment) Act, 1976 .

(3.) The learned counsel for the petitioners has argued that this writ petition is covered by sub-clause (a) of clause (1) of Article 226 and not by sub-clauses (b) and (c) thereof as the petitioners are the tenants of the land from which they have been ordered to be ejected and they have fundamental right to hold it as such under sub-clause (f) of clause (1) of Article 19 of the Constitution. The contention of the learned counsel for the petitioners further is that in this situation this writ petition shall not abate in terms of sub-section (2) of Section 58 of the Constitution (Forty-second Amendment) Act, 1976 .