UNION OF INDIA Vs. SARDAR ANANT SINGH

JUDGEMENT

(1.) The following questions were referred to the Full Bench :-- (i) Whether the Press Note, annexure G, had the status of law and conferred a legal right on the respondent to get his unauthorised occupation of the flat regularised ? (ii) If it be held that the Press note had not the status of law but was merely an administrative or executive direction, could the respondent still invoke the jurisdiction of this Court and claim that his unauthorised possession should on the basis of the Press Note be regularised ?

(2.) Detailed facts reating to the case giving rise to the above questions are given in the order of reference. In order, however, that the implications involved in the two questions may be appreciated it would be necessary to very breifly mention some of the facts.

(3.) Admittedly Anant Singh Respondent 1s an ex-service man and a displaced person from West Pakistan. On this migration to India he was at first given tent accommodation and on January 9, 1952, shop No. 42 in Khan Market, New Delhi, was allotted to him. He also applied for flat No. 42 over that shop, hereinafter referred to for facility of reference as the flat. Though the flat had been already allotted to some other persons the respondent had somehow managed to take possession of it either from the original allottee or in some other unauthorised manner.