- (1.) This appeal has been filed on behalf of the appellant for setting aside the different orders passed by the Commissioner, Financial Commissioner and the High court in connection with land ceiling case.
(2.) It appears that proceeding for fixation of the ceiling was initiated against the original landholder on 27/7/1959 under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act). In that proceeding on 19-10-1959 an order was passed by the Collector, declaring 23 standard acres and 7 1/2 units as surplus. The appeal filed on behalf of the original landholder was dismissed on 20/5/1960. However, the writ petition filed before the High court was allowed on 15/12/1961. While allowing the writ petition, the High court said: "The counsel for the parties are agreed that this writ should be allowed and the impugned order quashed leaving it to the department concerned to determine the matter in the light of legal position as laid down by a DB of this court in Jagan Nath v. State of Punjab 741 accordingly allow the writ petition and quashing the impugned order direct that matter may be determined by the department concerned according to the law laid down in the above decision. No costs. "
(3.) For about 14 years no steps were taken in terms of the direction given by the High court by the respondent-State. On 11/6/1975 steps were taken to proceed with the case aforesaid which was challenged by the original Landholder saying that as the original order had been quashed by the High court the same proceeding cannot be continued after a lapse of 14 years. This claim was rejected by the Commissioner, Financial Commissioner and the High court. The original landholder had filed this appeal but he is now dead and his heirs have been substituted.;