The petitioner, questioning the order of the Collector on various grounds, filed this petition for the enforcement of his fundamental rights.
The petitioner is admittedly in personal cultivation of his land, which, excluding that sold to his wife, is below the ceiling prescribed under the Act.
On January 14,1959 the Punjab Legislature passed Pepsu Tenancy and Agricultural Land Amendment Act, 1959, Act III of 1959 .
Under the said amending Act, numbertransfer or other disposition of land effected after August 21, 1956, except in favour of persons mentioned thereunder, shall affect the right of the State Government under the Act to the surplus area to which it would be entitled but for such transfer or dispositions Relying upon that section and including in the total area held by the petitioner the land transferred by him in favour of his wife the Special Collector, Chandigarh, on May 31, 1962, served a draft statement on the petitioner holding that certain extent of land was surplus area.
It amended the Pepsu Tenancy and Agricultural Lands Act, 1955.
ORIGINAL JURISDICTION Writ Petition No.
32 of the Constitution of India for en forcement of fundamental rights.
By the amendment Chapter 4 A was added to the earlier Act and also a ceiling was imposed on land under personal cultivation.
110 of 1966.
Petition under Art.
The Judgment of the Court was delivered by SubbaRao, C.J. This is a petition under Art.
On October 30, 1956, Act XV of 1956 was passed by the Legislature of the Patiala and East Punjab Union.
Gopal Singh and R. N. Sachthey, for respondents Nos.1 and 3.
P. Bhandari and R. Gopalakrishnan, for the petitioner.
Excluding the land so transferred, the land remaining in the hands of the petitioner is admittedly below the ceiling prescribed under the Act.
In the year 1956 he transferred one half of the said land in favour of his wife Shrimati Charanjeet Kaur.
N. Sachthey, for respondent No.
The facts may be briefly stated The petitioner owned land measuring about 284 bighas situated in village Narinderpura.
