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1980 Supreme(SC) 4

R.S.PATHAK, R.S.SARKARIA
Bachan Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against an order dated May 15, 1979, whereby the High Court of Punjab & Haryana summarily dismissed the appellants writ petition filed under Article 226 of the Constitution, although the case involved important question of law.

2. Mr. F. S. Nariman, appearing for the appellants has taken us through the affidavits of the parties and the documents on record. According to his narration the facts are as follows :-

Village Mirzapur has approximately 15731 bighas of Shamlat land. Petitioners 3 to 74 claim to be right-holders in and co-owners of that land, the measure of right being Hasb Rasd Khewat.

3. On September 23, 1914, the local Government of then Punjab issued a notification under Section 3 of the Punjab Land Preservation (Chos) Act, 1900, covering the areas of several villages, including village Mirzapur, Kharar Tehsil. This notification was followed by notification No. 459 of the same date issued by the local Government under Sec. 4 of the said Act, whereby the felling of trees in the areas specified in the notification was prohibited for a period of 15 years. The prohibition against cutting of trees or timber was aga


















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