K.S.GAREWAL, J. - (1.) THIS judgment shall dispose of the present as well as two connected writ petitions (CWP Nos. 3998 and 3999 of 2008) which arise on the basis of similar facts and raise the same grounds of challenge.
(2.) ON February 4, 1952 land was allotted to the predecessors of the petitioners for a period of 20 years. After the period expired order of ejectment of the petitioners were passed on April 25, 1972. The orders were challenged and the matter was concluded by the Supreme Court on April 11, 1974. The appeals filed by the petitioners were allowed but the dispute only got lengthened.
(3.) THE Supreme Court was impressed by the petitioners' argument that the provisions of East Punjab Utilization Act, 1949 had not been correctly observed and the matter was required to be re-examined by the Collector. Therefore, the Supreme Court required the Collector to go into the following questions :- "(a) Was the possession of any of the lands in dispute taken by the State, under the Utilization of Lands Act, 1949 and Pattas duly executed under Section 5 of the Act in favour of the alleged lessees ? (b) Were any proceedings for awarding compensation under Section 4 of the Act taken in respect of the land alleged to have been leased, and if so, on what basis were the persons dispossessed compensated ? In other words, are there grounds to believe that the persons to whom the lands were directed to be handed over were no longer owners ? (c) If no legally valid leases were executed in favour of the alleged lessees, what could be their legal status and rights by reason of long possession ? (d) What was the nature of the claims to any land put forward by the Gaon Panchayat ? (e) Is this a case in which the Collector can interfere or pass any order under any provision of law or should the matter be left to be decided between the alleged lessees, the alleged private owners, and the Panchayat by such other legal proceedings as may be open to them for the purposes of getting their claims adjudicated upon ?" Resultantly, the appeals were allowed on April 11, 1974 and the order of the Collector passed on April 25, 1972 was quashed, the petitioners were saved from dispossession. Supreme Court also directed that no action be taken against the lessees (petitioners), until it was decided that their possession was still governed by the provisions of the East Punjab Utilisation Act, 1949. The private respondents instituted proceedings under Section 7. The Collector passed the order on July 29, 1994 and dispossessed of the petitioners. ;