SOHAN LAL Vs. CUSTODIAN GENERAL OF EVACUEE PROPERTY

JUDGEMENT

(1.) These two rules (Civil Writ Nos. 82 and 90 of 1953) have been consolidated because the main point involved is the same and that is what, if any, are the powers of Assistant and Deputy Custodian-General.

(2.) In -- 'Sohan Lal v. Custodian-General of Evacuee Property', Civil Writ No. 82 of 1953, shop No. 226 was in the year 1950 allotted to Behari Lal Sachdev. On 27-3- 1952 Authorised Custodian allotted this shop to Sohan Lal the present petitioner by an order which is annexure 'A' which shows that Behari Lal had secured this shop by false representations. Against this order Behari Lal filed an application for revision which was rejected on 6-8-52 by an order which is annexure 'B'. The matter was taken in revision to the Custodian-General and it was finally decided by Mr. Bhawani Lal Assistant Custodian-General on 13-3-1953, who set aside the allotment in favour of Sohan Lal and directed that the shop be allotted to some deserving displaced person. It is against this order that Sohan Lal brought a petition under Article 226 of the Constitution and prayed for the record of the case to be brought to this Court and the order quashed.

(3.) The first question to be decided is whether the Assistant Custodian-General Mr. Bhawani Lal had jurisdiction to decide this matter. In Section 2(b) of the Administration of Evacuee Property Act of 1950 'Custodian-General' has been defined to mean 'the Custodian-General of Evacuee Property in India appointed by the Central Government under Section 57 Section 5 provides: