VIR SINGH AND OTHERS Vs. COMMISSIONER AND SECRETARY TO GOVERNMENT, HARYANA,REHABILITATION DEPTT. AND OTHERS

JUDGEMENT

(1.) The petitioners have challenged the legality of the order of respondent No. 1 only on the ground that he was in error in holding that revision was not competent under Sec. 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (for short, the Act). Respondent No. 2 vide his order dated Oct. 24, 1974 directed that the order of the Chief Settlement Commissioner dated Sept. 26, 1968 be given effect to. This order was challenged in a petition under Sec. 33 of the Act. Respondent No. 1 tried to justify his order on the basis of judgment rendered in Bishan Singh & others Vs. Chief Settlement Commissioner and others, 1973 PLJ 1183. The view taken by him does not flow from the decision rendered in Bishan Singh's case (supra). Had respondent No. 1 invited his attention to para No. 16 of the judgment, it would have been clear that the revision can be heard by the Central Government or its delegatee under Sec. 33 of the Act.

(2.) Resultantly, the writ petition succeeds. The order of respondent No. 1 dated Nov. 6, 1979 is quashed and he is directed to dispose of the revision petition within three months from the date of receipt of the copy of this order. Parties through their counsel are directed to appear before respondent No. 1 on April 8, 1991. Respondent No. 1 will fix a date for hearing of the revision petition and dispose of the same as indicated above. Petition accepted.