Dulat, J.

1. In writ petition Uttam Singh v. State of Pepsu-(Civil Misc. No. 83/P of 1955), originally filed in the Pepsu High Court, two questions of law raised before the learned Single Judge and referred by him to us for decision are expressed thus -- .

(1) Whether the powers conferred by Section 41 of the Pepsu Holdings (Consolidation and Prevention of Fragmentation) Act No. V of 2007 Bk. upon the Government can be exercised by the Government alone or by the authority to whom such power is delegated by Government under Section 42 and not by the Revenue Minister?

2. Whether the Revenue Minister acting under Section 41 of the Act is a tribunal or was exercising powers under Section 41 on the executive side alone? The same two questions arose in a similar petition, Ram Kishan Dass v. State of Pepsu and others (Civil Misc. No. 183/P of 1955), which came up before one of us sitting alone, and the questions referred are stated as follows : -- (1) Whether the Revenue Minister is the Government within the meaning and scope of Section 41 of Act No. V of 2007 Bk. and can exercise the powers under that section?

(2) Whether the powers exercisable by the Government under Section 41