BAWA DALIP SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ of certiorari or any other writ praying for quashing the order of the Deputy Secretary to Government of India dated May 3, 1962 by which he cancelled the exchange granted by the Authorised Custodian by his order dated 29th May, 1951 and also sanctioned by the Custodian Genera] of India by his order dated 18th July, 1953 by which the petitioner's land comprising of khasra Nos. 57, 94, 141, 4582 measuring 7 kanals and 14 marlas situate in village Darapur Dharamkot, District Hoshiarpur. was allowed to be exchanged with evacuee land bearing khas. Nos. 961/@, 201 to 204 M, 963/247, 96/197, 984/215, 937/197 situate in the same village.

(2.) It is alleged in the petition that after the petitioner had applied for the said exchange the Patwari and the kanugo supported the proposed exchange on the ground that the land to be surrendered by the petitioner was of superior quality as compared to the land sought in the exchange. It is alleged that the Deputy Commissioner, Hoshiarpur, in his capacity as Authorised Deputy Custodian sanctioned the exchange on 29th May, 1951 and the said exchange was affirmed and sanctioned by the Custodian General vide his order dated 18th July, 1953. It is further stated in the petition that the order of Custodian General dated 18th July, 1953 has been passed after taking into account the complaint filed by one Mohinder Singh in the year 1952. It is further alleged that the Central Government after a lapse of 11 years passed the impugned order dated 3rd May, 1962 by which the said exchange sanctioned by the Authorised Deputy Custodian and the Custodian General has been cancelled.

(3.) Written statement has been filed by Mr. M. J. Srivastava, Settlement Commissioner on behalf of the Government of India. The written statement admits that the sanction of the exchange was made by the Deputy Commissioner as well as Custodian General by his order dated 18th July, 1953. It is however, maintained that another complaint was made in 1957 and that the matter was then got investigated by Shri S. L. Malhotra, the then Officer Incharge (Complaints). It is stated in the written reply that the said evidence revealed that the area surrendered by the petitioner was rural and was very inferior and that the land obtained in exchange was evacuee urban land. It is further stated that as the order sanctioning the land was obtained by the petitioner fraudulently, by suppressing the fact and in collusion with the local Revenue Officials, action was taken by the Central Government under Section 51 of the Administration of Evacuees' Property Act (XXXI) of 1350 (hereinafter referred to as the Act) and revised the order of the Custodon General. It was, therefore maintained that the order of the Deputy Secretary to Government of India dated 3rd May, 1962 was within the jurisdiction and was just.