MALLA RAM Vs. REGIONAL SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) THE petitioner, Shri Malla Ram, in this petition under Article 226 of the Constitution prays for an order in the nature of prohibition to be issued against the respondent the Regional Settlement Commissioner, Madhya Pradesh, restraining him from the execution of his order for auction of house No. 717, East Ghamapur, Jabalpur, under the occupation of the petitioner. He also prays for a direction in the nature of mandamus to be issued against the respondent for allotting the said house to him.

(2.) THE matter arises under the following circumstances. The petitioner is a displaced person from West Pakistan. His claim for the immovable property left by him in Pakistan has been verified and assessed at Rs. 23,000 -. His claim for determination of compensation for the aforesaid claim under the Displaced Persons (Compensation and Rehabilitation) Act 1954 (hereinafter referred to as the Act) has been registered and is being investigated. The petitioner is in possession of a part of a building (house No. 717) in East Ghamapur, Jabalpur, as a tenant on a monthly rent of Rs. 35/ - , the tenancy in his favour having been created by the Custodian Evacuee Property, Jabalpur. The other part of the building is No. 718 in possession of Shri Lachhman Das, Shri Shaman Das and Shri Geman Das (petitioners in Miscellaneous petition No. 27 of 1956, decided today). The building had been acquired by the Government of India as evacuee property.

(3.) THE petitioner claims that the said property should not be auctioned and that it be allotted to him as he is in occupation thereof. He bases his claim under rule 22 (1) (a) of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. The respondent denies the claim. According, to him, the property is not allottable and that the petitioner has no legal right in his favour to claim that a particular property in his possession should be allotted to him.