SUKHDARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole point which arises for consideration of the Full Bench in this writ petition is as to whether a revision under S. 32-D(4) of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as the Act), is competent against an order passed by the Commissioner under S. 32-D (3) of the Act.

(2.) In this case, the learned Financial Commissioner dismissed the revision filed under S. 32-D(4) of the Act against an order of the Commissioner. passed under S. 32-D(3), as not being legally competent in view of the decisions of this Court in Kandhara Singh v. Bhajan Singh, 1977 Pun LJ 113, Chhota Singh v. State of Punjab, 1968 Pun LJ 38 and Munshi Singh v. State of Punjab, 1971 Pun LJ 715. The petitioner filed this writ petition under Art. 226 of the Constitution of India and at the preliminary hearing. before the motion Bench challenged the correctnees of the aforesaid decisions. The motion Bench admitted the writ petition for decision of the aforesaid point by Full Bench and that is how the present writ petition has been placed before us.

(3.) The petitioner is a landowner of village Bethali, tahsil Sirhind, district Patiala. According to the facts stated in the petition, he did not hold land in excess of the permissible limit as most of the land was under tenants since before the commencement of the Act, some land was under mortgage and the mortgagees were in possession of the land, 31 bighas of land was in possession of the Canal Department and in this manner, no part of the land held or owned by him was in excess of the permissible limit under the Act.