Ramaswami, J. - (1.) The question of law arising in this case has been the subject matter of consideration in a recent decision of this Court in Northern India Caterers Private Ltd., and another v. State of Punjab and another (1967) 3 S.C.R. 399. It was held in that case that section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959, violated art. 14 of the Constitution by providing two alternative remedies to the Government and in leaving it to the unguided discretion of the Collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under section 5. In other words, the decision of the full bench of the Punjab High Court in Northern India Caterers (Private) Ltd etc. v. State of Punjab etc 1963 P.L.R. 344 , was overruled. In view of the decision of this court reported in 1967 (3) SCR 396, (Supra), the appellants are entitled to a decree for a declaration that the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 is ultra vires of the Constitution, that they are entitled to held the rented land in their possession and to remain in possession thereof till such time as the tenancy is terminated according to law, and that the proceedings taken by the Collector of Ludhiana under the provisions of the Act and his order dated June 28, 1960 are ultra vires and void. We, accordingly, allow this appeal. There will be no order as to costs as the respondents have not appeared. Appeal allowed.;