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1996 Supreme(SC) 2020

G.B.PATTANAIK, G.N.RAY, K.RAMASWAMY, G.T.NANAVATI
Charan Singh – Appellant
Versus
State Of Punjab – Respondent


ORDER

Substitution allowed.

Leave granted. We have heard learned counsel on both sides.

2. The facts in appeal arising out of SLP (C) No. 8269/94 are sufficient for disposal of all the matters by common judgment.

3. The appellant-Charan Singh, a member of the Scheduled Castes, was granted 55 Kanals 15 Marlas of the land situated in the revenue estate of Katkopa in Faridkot District of Punjab State as per the policy. It is now not in dispute that in 1962, he was granted lease of uncultivable waste land and he reclaimed the land and also set up tube-well and was cultivating the land. The said lease expired in 1972. Thereafter, he was found to be in unauthorised occupation of such land. Action was taken for his eviction. He challenged the action in various proceedings. Ultimately, in the impugned order it was held that since he was a lessee and the lease stood expired by efflux of time, he had no right to remain in possession thereof. Accordingly, the order of eviction was upheld by the High Court.

4. Shri V.C. Mahajan, learned senior counsel for the appellant, contends that since the appellant is a member of Scheduled Castes the Government had allotted the land which originally belonged t












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