CWP No.3995 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3995 of 1991 Date of Decision: 05.05.2011 AND CWP No.3996 of 1991 The State of Punjab ... Petitioner Versus The Commissioner, Jalandhar Division, Jalandhar and Anr. ... Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Surinder Kapoor, Addl. AG, Punjab for the petitioner. Mr. B.R. Mahajan, Advocate, for the respondent No.2. A.N. JINDAL, J. (Oral) After hearing the contentions at length of the learned counsel for the petitioner, it appears that the Commissioner, Jalandhar Division, Jalandhar wrongly held that the action could be taken against the respondents under the Punjab Security of Land Tenures Act, 1953. The land is situated in the urban area and is also not being vacated. The land was purchased by the Punjab Government from Jammu & Kashmir Government. The respondents claimed themselves to be tenants and the Punjab Government had applied for eviction of the suit land in due process of law. In such circumstances, it appears that before the Collector could reach at a right conclusion, the Commissioner, Jalandhar Division, Jalandhar qaushed the proceedings, which is not appropriate. However, both the parties faced with the situation and agreed that they have no objection if the ex party order of ejectment passed against CWP No.3995 of 1991 -2- the respondent is set aside so as to order dated 09.05.1989 passed by the Commissioner, Jalandhar Division, Jalandhar is set aside and the ejectment application is disposed of on merits filed by the Punjab Government. In this situation, the present petition is accepted, impugned order is set aside, however, at the same time, the order dated 24th June, 1988 and 4th February, 1988 passed in a separate two cases under the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973 are set aside and the Collector is directed to decide these petitions after hearing both the parties on merits. Parties are directed to appear before the Collector, Amritsar on 22.07.2011. MAY 05, 2011 ( A.N. JINDAL ) Rajan JUDGE