MOHANPUR EX-SERVICEMEN COOPERATIVE TENANTS FARMING SOCIETY LTD Vs. STATE OF HARYANA
LAWS(P&H)-1976-5-14
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 12,1976

MOHANPUR EX-SERVICEMEN COOPERATIVE TENANTS FARMING SOCIETY LTD Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.) This judgment will dispose of Civil Writ Petition Nos. 2432 to 2439 and 3264 of 1975.
(2.) For facility of reference, the facts giving rise to Civil Writ Petition No. 2432 of 1975 may briefly be stated as follows. The petitioner-Society is constituted by Ex-Servicemen, who were demobilised after the Second World War. The Ministry of Defence, Government of India, formulated a scheme to resettle the ex-servicemen and in that behalf it was decided to settle them on waste lands in the States of Uttar Pradesh, Punjab, Madras, Mysore, Kerala and Andhra Pradesh after acquiring such land in these States. It is alleged that the ex-servicemen who are members of the petitioner-Society were initially allotted 10 acres of waste land each in tehsil Guhla, district Karnal (now district Kurukshetra). Later on they formed themselves into the Society (petitioner) and started cultivating their respective holdings as members of the said Society. It is particularly asserted that no lease deed of the waste land was executed in their favour, the suggestion being that the lands were not allotted to them under the East Punjab Utilization of Lands Act, 1949, (hereinafter called the Act).
(3.) It is also alleged that after the re-organisation of the States of Punjab and Haryana, a border dispute still persisted between these two States and because of that the State of Haryana embarked on a policy to eject the members of the petitioner-Society. Earlier also a notice purported to have been issued under Section 7 of the Act had been issued against the members of the petitioner-Society calling upon them to hand over the possession of the lands in their possession to the Tehsildar, but they filed a writ petition in this Court and then approached the Supreme Court of India which quashed the order passed by the Collector, Kaithal, on April 25, 1972. The judgment rendered by their Lordships of the Supreme Court is Prem Ex-Servicemen Cooperative Tenant Farming Society Ltd. v. State of Haryana and others, 1974 AIR(SC) 1121;


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