- (1.) This second appeal has arisen out of a suit filed by the appellants for a declaration that the order dated June 14, 1978 passed by the Collector, Bhatinda cancelling the allotment of Nazool land measuring 56 Kanals, 13 Marlas was illegal, without jurisdiction and void and for a permanent injunction restraining the State from dispossessing them therefrom. The suit was dismissed by the trial Court and its decree affirmed on appeal by the Learned Additional District Judge, Bhatinda. Still dissatisfied, the plaintiffs have come up in this second appeal.
(2.) The only argument raised to challenge the impugned order of cancellation was that the allotment having been once made under the Nazool Lands (Transfer) Rules, 1956 (for short, the Rules), cannot be cancelled as there is no provision in the said Rules authorizing the Collector to review his order. Reliance for this contention was placed on a Division Bench decision of this Court in The State of Punjab and another v. Chinder Pal and another, 1973 PunLJ 478. The contention raised has no merit.
(3.) It was not disputed by the learned counsel for the appellants that the said Rules have no statutory force and are in fact executive instructions only. The proposition of law advocated by the learned counsel normally applies to the statutory functionaries and there is no bar on any public functionary against the change of executive orders for valid reasons. The nature of the Rules being admittedly of executive instructions, the order passed by the Collector was obviously an executive order and as such there was no bar against its cancellation later on the ground that the appellants were not entitled to the allotment of Nazool land in accordance with the Rules.;