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1963 Supreme(P&H) 1

TEK CHAND, I.D.DUA, H.R.KHANNA
Bhikhan Bobla – Appellant
Versus
State Of Punjab – Respondent


Judgment

Tek Chand, J.

1. These are four Letters Patent appeals Nos. 177, 175, 167 and 178 of 1961, which may be conveniently disposed of by one judgment as they involve a point common to all cases which has been referred for disposal by the Full Bench. The question mainly concerns the scope, legality and constitutionality of Section 36 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act).

2. Four writ petitions had been filed in this Court under Article 226 of the Constitution praying for the issuance of an appropriate writ, order, or direction quashing the order of Director of Consolidation of Holdings. Facts are different in each case, but the differences are immaterial and all the writ petitions pivot upon the point relating to the vires of Section 36 and the violation of rule of natural justice.

3. The facts as alleged in the writ petition, which has given rise to L. P. A. 177 of 1961, are that the consolidation operations started in village Atohan in Tehsil Palwal of Gurgaon district in 1954-55. The petitioners are the proprietors and landowners in the village. The scheme of consolidation as envisaged under Section






















































































































































































































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