HARNAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harnama, the petitioner, has impugned the validity and legality of the notice dated 31st December, 1966, Annexure 'C' to the petitioner, issued suo motu by Assistant Collector First Grade under sub-section (2) of Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) calling upon him to show cause as to why he should not be ejected from the land in question, the order of the Assistant Collector First Grade dated 3rd April, 1967, Annexure 'E' and that of Collector dated 23rd May, 1967, affirming the order of the Assistant Collector in appeal, on the grounds : (i) that the Collector ought not to have moved into the matter suo motu when the Panchayat in which the land in khasra No. 112 vested did not make any grievance; (ii) that he had no competency to review his order dated 31st December, 1966, under Section 13 of the Punjab Land Revenue Act, 1887, in case titled Chet Ram v. Harnama. Annexure 'C' is in the following terms :-

(2.) Before dealing with the contentions advanced on behalf of the petitioner, a few relevant facts which are not in dispute, may be noticed at the very outset. These may be stated thus ;

(3.) Sub-section (2) of Section 7 of the Act is in the following terms :-