STATE OF PUNJAB Vs. SURINDER PAL SINGH MANN

JUDGEMENT

(1.) This appeal by the State of Punjab under clause X of the Letters Patent is directed against the judgment of the learned Single Judge dated 25th November, 1974. The matter is indeed in a very narrow compass.

(2.) The respondents, Surinder Pal Singh Mann and others, had brought the writ petition to seek the quashing of the order of the Sub-Divisional Officer (Collector Agrarian), Bhatinda, dated 11th March, 1966 declaring certain land as surplus and the consequent notice for taking possession of the surplus area under Section 8 of the Punjab Land Reforms Act, 1972 .

(3.) Before the learned Single Judge it was conceded that all issues, apart from one, were concluded by the Division Bench judgment of this Court in Civil Writ Petition No. 3366 of 1974 (Nachhattar Singh v. Collector Agrarian and others, 1975 PunLJ 8) decided on 1st August, 1974 : (). The only point which had survived for consideration was, that part of the area which was declared surplus had been already acquired by the State Government under the Land Acquisition Act whilst the remaining part thereof was under a scheme of acquisition with regard to which a notification under Section 4 of the aforesaid statute had been issued. On this factual basis, it was claimed on behalf of the writ-petitioners that the area with regard to which the notification under Section 4 had been issued, should also be excluded from the operation of the surplus proceedings and that the Collector should be debarred from taking possession of the same.