C.R.THAKUR, T.U.MEHTA
SUDARSHNA DEVI – Appellant
Versus
UNION OF INDIA – Respondent
T. U. Mehta, C. J.—All these writ petitions are preferred to challenge the vires of sections 104 and 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Act 8 of 1974), as amended by the Himachal Pradesh Tenancy and Land Reforms (Amendment) Ordinance, 1975 (Ordinance No. 2 of 1975), which is subsequently replaced by Himachal Pradesh Tenancy and Land Reforms (Amendments Act, 1976 (Act 15 of 1976), with retrospective effect. This bunch of petitions contains many common questions and, therefore, we shall first dispose of the common questions involved in these petitions and shall also dispose of separate questions raised in different petitions.
2. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 was enacted "to unify, amend and consolidate the laws relating to tenancies of agricultural lands and to provide for certain measures of land reforms in Himachal Pradesh. "This Act received the assent of the President of India on 2nd February, 1972 and came into force at once. It was eventually amended by the Amendment Act of 1976 with retrospective effect. This Amendment Act received the assent of the president on 20th April, 1976 and is "deemed to have come into forc
2. Dattatraya Govind Mahajan v. State of Maharashtra. (1977) 2 SCC 548.
4. Karnataka v. Shri Ranganatha Reddy
5. State of Kerala v. The Gwaiiar Rayon Silk Manufacturing Co. Ltd.
6. Kesavananda Bharatis case. (1973) 4 SCC 225.
8. Harishankar Bagla v. The State of Madhya Pradesh. AIR 1954 SC 465.
9. Sri Ram Ram Narain Medhi v. The State of Bombay. AIR 1959 SC 459.
10 .P. J. Irani v. State of Madras
11. Matajog Dobey v. H. C. Bhari. AIR 1956 SC 44.
12. A. T. Kunju Musaliar v. M. Venkatachalam
13 M/s. Pannalal Binjraj v. Union of India
15. Hari Chand Sarda v. Mizo District Council
17. Jaidayal v. Umrao Harchand Ahir
18. State of Punjab v. Khan Chand. AIR 1974 SC 543.
19. Jadab Singh v. Himachal Pradesh Admistration. AIR 1960 SC 1008.
20. Ajit Singh v. State of Punjab. AIR 1967 SC 856.
21. Laxminarayan Dipchand Maheshwari v. Maharashtra Revenue Tribunal AIR 1975 SC 1036.
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