D. Falshaw, C.J. - (1.) THIS petition filed under Article 226 of the Constitution by Harbans Singh, his wife Mohmder Kaur and son Satinderjit Singh challenging an order passed by the first Respondent, the Pepsu Land Commission, on the 30th of November, 1960, has been referred to a larger Bench.
(2.) THE case has arisen in the following way. The Pepsu Tenancy and Agricultural Lands Act of 1955 fixes a ceiling on the holding of any individual landowner, the normal ceiling being 30 standard acres, the actual area of which will vary in accordance with the quality of the land. Section 32 -A provides that notwithstanding anything to the contrary in any law, custom, usage or agreement, no person shall be entitled to own or hold as landowner or tenant land under his personal cultivation within the State which exceeds in the aggregate the permissible limit. However, certain exemptions are contained in Section 32 -K of the Act, relevant portion of which reads - (1) The provisions of Section 32 -A shall not apply to - (i)...; (ii) specialised farms engaged in cattle breeding, dairying or wool raising. Section 32 -P provides for the constitution of a Land Commission to be called the Pepsu Land Commission and to consist of a Chairman, who is or has been a Judge of the High Court, and two members to be nominated by the State Government having special knowledge or practical experience of land or agricultural problems. Among the duties of the Land Commission specified in Sub -section (4) is that of advising the State Government with regard to exemption of lands from the ceiling in accordance with the provisions of Section 32 -K. Sub -section (5) provides that the advice given by the Land Commission under Sub -section (4)(c) shall be binding on the State Government, and "notwithstanding anything in Section 32 -D no final statement shall in a case in which exemption is claimed under Section 32 -K be published unless such advice is included therein." In other words, whenever exemption is claimed in respect of any land under Section 32 -K the advice of the Land Commission must be obtained by the Government and must be followed by it.
(3.) IN the present case the Petitioners claimed exemption in respect of 20 standard acres of their holding under Section 32 -K(1)(ii) on the ground that in that area they were maintaining a specialised farm for wool raising for which purpose they were keeping a flock of about 150 sheep described in the petition as of Munjran type.;