MADAN LAL Vs. JOINT CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) In this application for the issue of a writ, the petitioner questions the order dated 31st July, 1965 of the Chief Settlement Commissioner Jullundur, an order dated 21st August, 1965 of the Assistant Registrar-cum-Managing Officer, Department of Rehabilitation, Jullundur, and an order dated 13th January, 1967 of the Joint Chief Settlement Commissioner (exercising the delegated powers of the Government of India).

(2.) The principal contention of the learned counsel was that the Chief Settlement Commissioner was wrong in stating that the counsel for the petitioner had stated before him, that he had no objection to the cancellation of the permanent rights as recommended by the Managing Officer. This question was raised by the petitioner before the Government of India and the Joint Chief Settlement Commissioner went into the question thoroughly and came to the conclusion that the recital in the order of the Chief Settlement Commissioner was correct. In arriving at this conclusion the Joint Chief Settlement Commissioner referred to the entries in the 'Diary Sheet' of the Chief Settlement Commissioner which contained the initials of the counsel for the petitioner also. I am not prepared to interfere with this finding of fact.

(3.) The next submission of the learned counsel for the petitioner was that the Managing Officer passed the order dated 21st August, 1965 without hearing him. The Chief Settlement Commissioner when he remanded the matter for further action to the Managing Officer directed the parties to appear before the Managing Officer on 20th August, 1965. The order of the Managing Officer shows that no one appeared before him on 20th August, 1965. Therefore, he adjourned the matter to 21st August, 1965 and passed orders on 21st August, 1965 on which date also no one appeared before him. The petitioner having chosen not to appear before the Managing-Officer cannot complain that he was not heard.