MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Judgment will dispose of five connected writ petition Nos. 2393 of 1967, 772, 58, 59 and 60 of 1968 all of which raise almost common questions of law and fact.

(2.) With the consent of all the counsel, arguments have been addressed in Civil Writ No. 2393 of 1967, facts whereof may be stated briefly as under.

(3.) One Shri L.P. Jaiswal obtained a lease of 265 acres of land situate in village Bhor Sayyadan, Tehsil Kaithal, District Karnal, at a public auction held on the 25th June, 1951. This auction was organised by the Sub-Divisional Officer, Kaithal, exercising the powers of Collector under the East Punjab Utilizition of Lands Act, 1949 (hereinafter called the Act). The lease was originally granted for a period of seven years though later the period was extended to twenty years. Shri Jaiswal obtained possession of the land in pursuance of the lease rights so acquired by him on the 8th August, 1951. Tilling of the land was actually being done by two co-operative societies and the petitioners 2 to 14 are members of one of such societies registered under the name and style of Central Majha Kissan Co-operative Farming Society Ltd., Bhor Sayyadan, under the Punjab Co-operative Societies Act. 1961. It is alleged that members of these societies reclaimed almost the whole of the land before the close of the year 1956. There then came the consolidation proceedings in the village and it is said that the area of land as originally held by Shri Jaiswal was reduced to 242 acres.