Khosla, J.

1. This petition under Article 226 of the Constitution came up in the original instance before Harnam Singh J., sitting singly. Since the application sought to challenge the vires of Section 18, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 50 of 1948, the matter was referred by him to a Division Bench. A reference to the petition, shows that the vires of the Punjab Common Lands (Regulation) Act, 1 of 1954, was also challenged although Harna Singh J. did not make any reference to it in his order.

2. A scheme of consolidation in respect of the lands of village Halalpur was sanctioned by the Consolidation Officer. In pursuance of this scheme it was proposed that:

"(a) 1006 bighas and 5 biswas of shamilat land belonging to the petitioners and the other proprietors or biswadars of the village be set apart and vested in the Gram Panchayat for the common use of the villagers;

(b) 11 acres of agricultural land belonging to the biswadars should be used for providing housing accommodation for non-biswadars; and

(c) 30 acres of agricultural land should also be handed over to the Gram Panchayat for the common use of the villagers."

3. The Consoli