- (1.) The Civil Writ Petition Nos. 2276, 2280, 2281, 2282, 2283, 2290, 2294 and 2495 of 1971 shall be disposed of by this judgment, because common questions of law and facts are involved.
(2.) To better appreciate the points raised in the aforesaid writ petitions, the facts given in Civil Writ Petition No. 2280 of 1971 are briefly stated : The agricultural lands which had come to vest in the Gram Panchayat were generally lying uncultivated. In order to give fillip to Grow More Food Campaign launched in those days, landless persons, mostly Harijans, were leased out these lands initially for a period of 10 years. On 21st April, 1971, the Deputy Commissioner, Ludhiana, sent a communication to the Tehsildars, Samrala, Ludhiana and Jagraon, which is to the following effect :- "... ... ... No. 2955-567/DA dated 21.4.1971. Subject :- Regarding the Shamilat lands leased out for 10 years under the Land Utilization Act. Regarding above cited subject it has come to the notice of this office that the period of lease of 10 years for which the Shamilat land had been leased out to the lessees has expired but the lessees are not surrendering possession of the same to the concerned Gram Panchayats. Possession of such land should be got delivered to the Gram Panchayat forthwith. In future, no Shamilat land should be leased out. After getting the possession from the lessees, this office should be informed. Sd/- ... ... ... for Deputy Commissioner, Ludhiana. ... ..." In compliance with this order, Tehsildar Samrala had issued notice on 3rd June, 1971, to the petitioners. It is mentioned therein that the lease of the petitioners was going to expire on 15th June, 1971 and as such, they were liable to be ejected from the land in dispute after the date. They were directed to hand over the possession of the land to Gram Panchayat, Zulfgarh, before 15th June, 1971, failing which the petitioners will be responsible for the consequences. Apprehending that in compliance with this notice, the petitioners will be ejected from the lands under their cultivation, they have filed the present writ petitions. Similar notices have also been issued by the Tehsildars to the other petitioners.
(3.) The main contention raised by the learned counsel for the petitioners in these writ petitions are that under Section 7 of the East Punjab Utilization of Lands Act (hereinafter called 'the Act'), it is the Collector who can after the expiry of the lease specify by order in writing the person to whom possession of the land shall be given. The powers have been invested in the Collector. It is, he alone who can take action. On the other hand, it has been contended by the learned counsel appearing for the State and the private respondents that the Collector had, vide his order dated 21st April, 1971, delegated all the powers vested in him under the Act to the three Tehsildars within his jurisdiction and in exercise of those powers, which had been validly delegated to them by the Collector, the impugned notices had been issued to the lessees who are the petitioners in these writ petitions.;