ORDER

1. This appeal has been filed on behalf of the appellant for setting aside the different orders passed by the Commissioner, Financial Commissioner and the High Court in connection with land ceiling case.

2. It appears that proceeding for fixation of the ceiling was initiated against the original landholder on 27-7-1959 under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act). In that proceeding on 19-10-1959 an order was passed by the Collector, declaring 23 standard acres and 7 1/2 units as surplus. The appeal filed on behalf of the original landholder was dismissed on 20-5-1960. However, the writ petition filed before the High Court was allowed on 15-12-1961. While allowing the writ petition, the High Court said :

"The counsel for the parties are agreed that this writ should be allowed and the impugned order quashed leaving it to the department concerned to determine the matter in the light of legal position as laid down by a DB of this Court in Jagan Nath v. State of Punjab (CW No. 1051 of 1960, decided on 13-11-1961). I accordingly allow the writ petition and quashing the impugned order direct that matter may be determined by the department