S PREM SINGH Vs. DEPUTY CUSTODIAN GENERAL

JUDGEMENT

(1.) Briefly the facts giving rise to this reference to the Full Bench are that there was a three-cornored contest regarding the allotment of evacuee lands in a village called Ratauli in the Ambala District between N.R. Batra, a group consisting of Prem Singh and Narain Singh, sons of Sunder Dass, and Raj Kaur wife of Narain Singh and Hargobind and Jai Kishan, sons of Dewan Chand Suri. By an order dated the 17th July, 1952 the Custodian of Evacuee Property, Punjab, ordered that N.R. Batra was not entitled to be accommodated in village Ratnali at the expense of either of the other parties.

(2.) Against this order N.R. Batra filed a revision petition under Section 27 of the Act before the Custodian General on the 9th of September, 1952, i.e. within the ordinary period of limitation for filing such petitions. This revision petition was decided by Mr. Chhakan Lal, Deputy Custodian General, by his order dated the 18th of August, 1953, which had the effect of cancelling the allotment of Prem Singh, etc. in Ratauli to the extent of 112 standard acres 7 units, i.e. the extent necessary to accommodate N.R. Batra in that village. The other respondents in the revision petition, Hargobind and Jai Kishan, were held to be entitled to remain in enjoyment of the land allotted to them.

(3.) This order of the Deputy Custodian General was challenged by Prem Singh, etc. in a petition filed in this Court under Article 226 of the Constitution (Civil Writ No. 269 of 1953) in which inter alia the point was raised that the order of the Deputy Custodian General was illegal in view of the amendment introduced in July 1952 in rule 14 of the rules framed by the Central Government under Section 56 of the Administration of Evacuee Property Act.