ORDER

Substitution allowed.

2. This appeal by special leave arises against the order of the Division Bench of the Punjab & Haryana High Court made on 20.9.1978 in LPA No. 404/75 confirming the order of the learned single Judge dated May 8, 1975 setting aside the order of taking over possession of the surplus land dated July 20, 1961 and directing redetermination of the surplus land. The admitted facts are that the Collector exercising the power under PEPSU Tenancy and Agricultural Lands Act, 1955 determined surplus land of the respondents at 18.82 standard acres by proceedings dated May 28, 1960. The order was not challenged by filing the appeal. Notice of surrender was given on June 3, 1961 calling upon the respondents to deliver possession of the aforesaid surplus land within ten days from the date of the receipt of the notice. Admittedly, the possession of 18.82 standard acres of land was taken by the State officials from Inder Singh who had acknowledged taking over possession on July 12, 1961.

3. Subsequently, it would appear by consolidation proceedings that had taken place in the year 1961-62, it was found that Inder Singh was having less extent of land than the prescribed stand