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1971 Supreme(P&H) 47

C.G.SURI, R.S.NARULA, BAL RAJ TULI
Sunder Dass Bhagwan Dass – Appellant
Versus
Union Of India – Respondent


Judgment

Bal Raj Tuli, J.

1. This petition came up for hearing before my learned brother Narula, J., on March 13, 1970, and it was referred to a larger Bench on the ground that the question of law involved seemed to be of substantial importance and if the writ petition succeeded, it might have far-reaching consequences. In pursuance of that order, the petition was placed for hearing before my learned brethern Narula and Suri, JJ. and noticing that there was an earlier judgment of Tek Chand and Pandit. JJ., in Bishan Singh V/s. Central Government ILR (1961)1 Punj 415=(AIR 1961 Punj 451), which seemed to be in conflict with another Division Bench judgment of S. B. Capoor and Shamsher Bahadur, JJ., in Ram Chander V/s. State of Punjab, ILR (1968) 2 Punj & Har 651=(AIR 1969 Punj 4), the learned Judges directed that the papers might be placed before Honourable Chief Justice for constituting a Full Bench for the hearing and disposal of this petition. This order was passed on July 21, 1970 and in pursuance of that order the writ petition has come up for hearing before us.

2. The petitioners are 26 in number and in para 1 of the petition they have stated that they are displaced persons from




















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