GOKUL CHAND Vs. GULAB L AJWANI

JUDGEMENT

(1.) The presentpetitionunderArticle226of the Constitution of India has been filed for issuance of a writ of certiorari for calling the records of respondents I and 2 and for quashing the order of respondent No. 1 dated 20th October, 1976 in Case No. 18-R/D:H/76(GLA) and for a further relief in the nature of writ of prohibition directing the respondents not totreat the property bearing Municipal No. XII/5801-5803 constructed on Khasra Nos. 282 and 745/581 as evacuee property and for restraining from collection of rent from the petitioner and his tenants. The petitioner who is now represented by his legal representatives was alleged to be the owner of 5 Biswas of land out of Khasra No. 282 and 15 Biswas of land out of Khasra No. 745/581 in Patti Chandrawal, Tehsil and District Delhi. The petitioners' father and now the petitioners are stated to be in possession of the said land since the founding of the village. It is further subm itted that the petitioner lived in a part of the property and other portions are let out to the tenants who hold the same under the petitioner. The Municipal records have indicated the petitioner as the owner of the properties and he is stated to be paying house tax for the same. Copies of the Khasra Girdawaries for the years 1972-73,1973-74,1974- 75 and 1975-76, house tax demands and the receipt of part payments of the same and a list of tenants have been attached as Annexures at to A6 to the writ petition, the other facts as referred to in paragraphs 2,3,4 and 5 of the writ petition read as follows:

(2.) In paragraph 7 it is stated that property Nos. 5801-5803, Municipal Ward No. XII, Delhi belonging to the petitioner were situated in a part of Khasra No. 282(5 Biswas) and a part of Khasra No. 745/581 (15 Biswas). The main dispute which is the subject matter of the present controversy is with regard to Khasra No. 283 which respondents I and 2 allege has been declared as an evacuee property. The petitioner intended that he never had anything to do with the land comprising Khasra No. 283 which bears presently Khasra No. 276/5. The land in Khasra No. 276/5 is at a distance from the petitioner's properties and is presently in occupation of Shri Lakhpat Rai, son of Nathu and Sri Ram and Ho Ram, sons of Hakum Singh and Chander Vaid and their tenant. The land comprising Khasra No. 283 measuring 11 Biswas belonged to Mohd. Afrin and the said properties were evacuee properties and were being alleged to be used by some unauthorised persons. The petitioner is stated to have received notice on 21st October, 1975 from the Managing Officer to furnish certain particulars to the Department. The said notice is annexed as Annexure-A26 to the writ petition and the same reads as follows:

(3.) The petitioner felt aggrieved by the notice and filed a revision petition before the Deputy Custodian General of Evacuee Property, New Delhi who vide his order dated 20th October, 1976 disposed of the same. The basic plea which was agitated before the authority was that the deceased petitioner did not have anything to do with the property bearing Khasra No. 283 but only was the owner of built up structures on the property bearing Khasra Nos. 282 and 745/581 though it was described by the Custodian as Khasra No. 383.