RAM PIARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Shrimati Ram Piari and her husband Dharam Chand filed this petition under Articles 226 and 227 of the Constitution of India. Dharam Chand has since died and the petitioners children have been brought on record as the legal representatives of the deceased.

(2.) Shrimati Ram Piari had a verified claim in respect of the property left behind is West Pakistan. Under rule 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, she was entitled to the transfer of the house in dispute, which was in the occupation of the petitioners' family and some others. Her husband had been prosecuting her case as the duly authorised agent but her claim to the transfer of the house under rule 30 ibid had not fructified. Annexure 'C' is a copy of one such application dated 22/25th May, 1962 made by her. This application was turned down by the Settlement Officer's order dated 22nd June, 1962 (Annexure 'D'). Shrimati Ram Piari had filed a revision petition (Annexure 'E') which had been disposed of by the Chief Settlement Commissioner's orders dated 17th September, 1962 (Annexure 'F'). The case had been remanded to the Regional Settlement Commissioner for reprocessing the petitioners case in the light of the observations made in that order.

(3.) When the case went back to the Assistant Settlement Commissioner at Jullundur, rule 30 had been abrogated with effect from 3rd August, 1963. The Assistant Settlement Commissioner, by his impugned order (Annexure 'G') dated 7th May, 1964, observed that in view of the abrogation of rule 30, the property could not be transferred and had to be sold in public auction.