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1974 Supreme(SC) 157

M.H.BEG, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
PREM SERVICEMEN CO OPERATIVE TENANT FARMING SOCIETY LTD. – Appellant
Versus
State Of Haryana – Respondent


Judgment

BEG

( 1 ) THERE is a batch of five Civil Appeals by Special leave and another of eight Writ Petitions by Ex-Servicemen Co-operative (Tenants) Farming Societies before us raising common questions of act and law so that they can be disposed of by a single Judgement.

( 2 ) THE Civil Appeals are filed against the orders of the Collector, Kaithal, dated 25-4-1972, directing that an area of 230 acres of land assumed to have been leased to the members of the appellant Societies under the East Punjab Utilization of Lands Act, 1949, (hereinafter referred to as the Act), in 1952, for 20 years, should be handed over to the rightful owners by the Pattedars as the period of their leases has expired. A preliminary objection to the maintainability of the appeals under Article 136 of the Constitution against the orders of the Collector is not substantiated by citing any authority of this Court. Moreover, there are also Writ Petitions under Article 32 of the Constitution questioning the power of the Collector to deprive the petitioners of their alleged fundamental right to hold land in their possession until dispossessed in accordance with law. We, therefore, overrule this technical objectio










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