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2001 Supreme(P&H) 811

G.S.SINGHVI, M.M.KUMAR
Ram Gopal – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sarjit Singh, Senior Advocate assisted by Shri Jagdev Singh, Advocate.
For the Respondent Nos. 1 to 3:Mr. N.D.S. Mann, Deputy Advocate General, Punjab.
For the Respondent No. 4:Mr. M.L. Sarin, Senior Advocate assisted by Ms. Saweena Pannu, Advocate.

JUDGMENT

G.S. Singhvi, J. - The petitioners, who were allotted land in 1977 out of the surplus area of respondent No. 4 Raja Ram Partap Singh, have invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing order dated 16.6.1993 vide which Commissioner, Patiala Division, Patiala directed Collector, Agrarian, Barnala to re-determine permissible and surplus area of respondent No. 4 under the Punjab Land Reforms Act, 1972 (hereinafter described as the Punjab Act and indirectly set aside the order passed by Special Collector, Punjab under Section 30-D(2) of the Pepsu Tenancy and Agricultural Land Act, 1955 (hereinafter described as the Pepsu Act). They have also prayed for quashing consequential order dated 10.6.1994 passed by the Collector, Agrarian, Barnala.

2. The facts necessary for deciding the writ petition are that by an order dated 4.8.1969 passed under the Pepsu Act, Special Collector, Punjab declared 54.70 standard acres of land belonging to respondent No. 4 - Raja Ram Partap Singh as surplus area. Appeal filed by him was dismissed by Commissioner, Patiala Division, Patiala on 4.11.1969 and revision was dismissed by Financial Commissioner, P


























































































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