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1962 Supreme(SC) 72

B. P. SINHA, J. R. MUDHOLKAR, K. SUBBA RAO, N. RAJAGOPALA AYYANGAR, T. L. VENKATARAMA AYYAR
Amarsarjit Singh: Umrao Singh: Satinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
ACHHRU RAM, B.R.L.Iyengar, C.K.DAFTARY, HARDEV SINGH, I.M.SHROFF, I.N.SHROFF, J.B.DADACHAN, K.I.GOSAIN, K.L.GOSAI, K.L.Mehta, LAKSHMI CHAND TYAGI, LAKSHMI CHAND TYAGI TYAGI, M.C.SETALVAD, N.S.BINDRA, NAUNIT LAL, O.C.MATHUR, P.D.MENON, Ravindra Narayan, S.M.Sikri, Y.Kumar

Judgment

VENKATARAMA AYYAR, J. : The question that arises for our decision in the above writ petitions and appeals is whether certain jagirs in the State of Punjab known as the "Cis-Sutlej" jagirs are liable to be resumed under the provisions of the Punjab Resumption of Jagirs Act, 1957 (Punjab Act, No. 39 of 1957), hereinafter referred to as "the Act". This Act came into force on November 14, 1957, and the respondent State then proceeded to take action thereunder for resuming the Jagirs. A number of petitions were thereupon filed in the High Court of Punjab under Art. 226 of the Constitution challenging the validity of the Act, and of the proceedings taken by the respondent State thereunder on the grounds, firstly, that the Act was ultra vires the powers of the State Legislature and that its provisions were unconstitutional and void; and, secondly, that even if the Act was intra vires, the jagirs held by the petitioners were not "jagirs" as defined in the Act, and were therefore not liable to be resumed under its provisions. By their Judgment dated May 25, 1959, the learned Judges held that the legislation was within the competence of the State, and that it did not contravene any o
































































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