GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole relief claimed in this appeal under clause 10 of the letters patent appeal is a slight modification of the order of the learned Single Judge whereby he allowed the writ petition preferred by the appellants.

(2.) It is unnecessary to advert to the facts. It suffices to mention that the only point raised before the learned Single Judge was that Gurcharan Singh appellant who claimed himself to be a lessee was not heard by the Collector at the time of the determination of the surplus area of appellant Amar Singh. Holding that the impugned order of the revenue authorities has been passed behind the back of one of the appellants, the learned Single Judge quashed the same and remanded the case back to the Collector Agrarian Reforms to determine afresh the surplus area of the landowners after giving an opportunity to the landowner. However, he restricted the proceedings by the following observations :-

(3.) Mr. N.L. Dhingra for the appellant has rightly placed reliance on the following observations of the Division Bench in Babu Ram and others v. State of Punjab and others, 1965 PunLJ 185:-