S.P.Goyal, J.

1. This writ petition under Articles 226/227 of the Constitution of India was admitted to a Division Bench as the Respondent-State has challenged the correctness of the decision of S.S. Kang, J. in Civil Writ Petition No. 3290 of 1973, Gura Singh etc. v. State of Punjab, etc. decided on January 15, 1980.

2. Siranja Singh and Jit Singh were allotted land in dispute from the surplus area of Tarlok Singh in village Tirpari Saidan, Tehsil and District Patiala, under the Pepsu Utilisation of Surplus Area Scheme, 1960, (hereinafter called the Scheme). A complaint was made against them to the Government that the allotment had been secured on the basis of fabricated record, which was forwarded to the Collector for enquiry and necessary action. The Collector marked the complaint to the Naib-Tehsildar Agrarian, who found that the allotment had been secured by tampering with the record and, therefore, cancelled the same. This order was challenged by way of writ petition under Articles 226/227 of the Constitution, which was allowed and the Prescribed Authority was directed to decide the matter after hearing the parties concerned. The Prescribed Authority again passed an o