MANOHARLAL RATNA Vs. UNION OF INDIA

JUDGEMENT

(1.) TWO points have been raised in this petition under Art. 226 of the Constitution of India, they are:-

(2.) ON the second point, there is a conflict of judicial opinion in this Court. Gurnam singh J. in Nand Lal v. Regional Settlement Commr. Civil Writ No. 1135 of 1957 d/- 9-5-1958 (Punj) held that such a person is to be treated as an allottee and if he satisfies the other requirements as an allottee and if he satisfies the other requirements of rule 26--he is entitled to the transfer of that property under the displaced Persons (Compensation and Rehabilitation) Act. Grover J. , on the other had in Jaswant Singh v, Regional Settlement Commr. Civil Writ No. 1076 of 1958 d/- 18-5-1959 (Punj) has taken a contrary view. In this view of the matter it is proper that the papers of this case be laid before my Lord the Chief Justice for constituting a Division Bench to decide this case. ORDER OF THE DIVISION BENCH

(3.) THIS writ petition has been placed before us in pursuance of an order of reference passed by my learned brother Mahajan J. inter alia on account of Single bench decisions which were considered not to be reconcilable; those decision being in Civil Writ No. 1135 of 1957 decided by Gurnam Singh Jon 9-5-1958 (Punj)and Civil Writ No. 1076 of 1958 decided by Grover J on 18-5-1959 (Punj ). The other point necessitating reference has however not been pressed.