WARYAM SINGH FATEH SINGH Vs. STATE OF PUNJAB
HIGH COURT OF PUNJAB AND HARYANA
WARYAM SINGH FATEH SINGH
STATE OF PUNJAB
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(1.) THIS petition under Article 226 of the Constitution raises an interesting point.
(2.) THE petitioners are the original residents of villages Betu Jagir, Dona Jalluka, jalluka Khas and Pira Khan, Tehsil and District Ferozepore. Before partition of the country these villages formed part of Tehsil Chunin District Lahore. Under the redtiff Award some areas of the said villages fell to the share of Pakistan while the rest of the area fell to the share of India. The land which is subject matter of this petition is in the cultivating possession of (the petitioners and has been included in the Lahore District (West Punjab ). This area was, however, located on the Indian side of Sutlaj River and the petitioners have remained in possession thereof in spite of the fact that the villages formed part of Pakistan territory. The grievance of the petitioners is that now the State of Punjab and Deputy Commissioner, Ferozepore, are seeking to evict them from this land by force. The respondents in their reply have admitted that by order dated the 20th August, 1955, the Deputy Commissioner, Ferozepore, has issued notices of ejectment to the petitioners and these notices are sought to be justified on the ground that the petitioners have no right to usurp these lands. The petitioners by this petition are challenging the validity of these notices.
(3.) THE learned counsel for the respondents has raised a preliminary objection to this petition to the effect that as admittedly the land in question forms part of the territory of Pakistan, this Court has ro jurisdiction to entertain any petition relating to that area. On my enquiry as to the authority under which the Deputy commissioner has sent these notices, I was informed on behalf of the respondents that the action is being taken under the Foreign Jurisdiction Act (XLVII of 1947)but P according to the learned counsel the enforcement of" this Act does not affect the decision that the land is situated outside India and the writ issued by this court according to him would be infruotuous against that territory.;
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