MOHD UMAR KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of the writ petition as well as R.S.A. Nos. 1787 and 1788 of 1993.

(2.) PETITIONER has sought issuance of a writ of Certiorari to quash order dated 26.11.1984, annexure P -2, passed by respondent No. 2 and order dated 4.11.1985, annexure P -5, passed by Custodian General -respondent No. 1 or for issuance of any other writ, order or direction which the Court may deem fit and appropriate in the circumstances of the present case.

(3.) DILAWAR Khan mortgaged another parcel of land measuring 9 kanals 9 marlas in favour of Rehmat son of Jagroop -respondent No. 4 by a registered mortgage deed in lieu of a sum of Rs. 500/ - on 31.10.1953. Phool Khan son of Imam Khan died and the property was inherited by Lina, his son -respondent No. 3. The petitioner purchased land measuring 28 kanals 2 marlas from Dilawar Khan, the original owner for a consideration of Rs. 16,000/ - vide sale deed dated 7.8.1980, which is in possession of respondents No. 3 and 4. Respondent No. 3 filed an application before Tehsildar (Sales) -cum -Assistant Custodian -respondent No. 2 stating therein that land purchased by the petitioner was an evacuee property as he had purchased it from Dilawar Khan after sending for him from Pakistan. Consequently, respondent NO. 2 issued notice to the petitioner and after holding an enquiry passed order annexure P -2 dated 26.11.1984 holding the property to be an evacuee hidden property and so directed Naib Tehsildar to record the above landed property as evacuee property in the revenue papers. He further directed that Kaneungo (Sales) should also record an entry in the property register that it is a hidden evacuee property. Feeling aggrieved by this order petitioner filed a revision petition which was dismissed by the Custodian General vide order dated 4.11.1995. Petitioner thus seeks quashing of the aforesaid two orders, annexures P -2 and P -5, terming these to be wholly without jurisdiction, illegal, ultra -vires of the Constitution, void ab initio and against the principles of natural justice and equity and thus unsustainable in the eyes of law.