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Judgment
S.P. Goyal, J.—This petition under Article 226 of the Constitution of India has been filed for issuance of a writ, direction or order restraining the Respondents from dispossessing the Petitioners from the land in dispute except in due course of law. The land in dispute admittedly belongs to the Gram Panchayat of Village Saunser Kalan which was leased out to the Petitioners for 20 years with effect from October 9, 1955. Before the expiry of the period of lease the Collector of the district cancelled the lease and threatened forcible ejectment of the Petitioner from the land in dispute. Consequently, they filed this petition with the prayer noted above.
Although the lease period of the Petitioners has expired during the pendency of this petition yet as held in Mdhan Lal and Ors. v. The State of Punjab and Ors. 1971 RLR 390 even a person who is in possession after the expiry of the lease period cannot be ejected forcibly. Learned Counsel appearing for the State has also stated that the authorities have no intention to dispossess the Petitioners forcibly and that requisite proceedings would be taken before a competent authority to do so.
This petition is consequently allowed and the Respondents are restrained from dispossessing the Petitioners from the land in dispute except in due course of law. No costs.