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1959 Supreme(P&H) 191

SHAMSHER BAHADUR
Phalgu Dutta Kirpa Ram – Appellant
Versus
Pushpa Wanti – Respondent


Judgment

1. In this petition under Art. 227 of the Constitution of India, the order passed by the Collector of Karnal on 21-2-1959 and that of the Commissioner of Ambala Division on 14-4-1959, are sought to be quashed for the reason that they contravene the provisions of law. I may state at once that the Collector of Karnal and the Commissioner of Ambala Division, whose orders have been questioned in this petition have not been impleaded as respondents, and this is one of the grounds for the rejection of this petition. Before I deal with the questions which call for determination, I may briefly set out the facts of the case.

2. Parcels of waste land in village Bherian and Gumthala aggregating about 330 acres were acquired under the East Punjab Utlliza of Lands Act (East Punjab Act No. 38 of 1949) and subsequently leased out to the petitioner, Phalgu Dutt, for a period of seven years commencing from Kharif 1951. Before the expiry of the lease period, the Collector had extended the term of the lease in favour of the petitioner Phalgu Dutt to twenty years. The extension in the lease was granted by two orders of the Collector dated 23rd and 29th of February, 1956, both passed on the app

















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