SHANKAR SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent against a decision of Kapur, J. granting an application for a writ of certiorari under Article 226 of the Constitution.

(2.) The bare facts of this case are that on the 10th of June, 1952 the Additional Custodian made a certain order regarding the allotment of evacuee property. This order was set aside on revision by the Deputy Custodian-General on the 29th of January, 1954. The effect of this order was that certain minors who had been in possession of evacuee property for a number of years were ousted to make room for claimants who had a better claim under the rules governing the allotment of evacuee property. The relevant rule related to priority to be given to claimants according to the alphabetical order. The Deputy Custodian-General held that the minor allottees were from Sind and should have been considered after the petitioners before him who came from Punjab as 'S' comes after 'P'.

(3.) Kapur, J. took the view that the Deputy Custodian-General had no jurisdiction to pass any order on the 29th of January, 1954 because of rule 14(6) of the Administration of Evacuee Property Rules which were promulgated on the 22nd of July, 1952. He also took the view that the order of the Deputy Custodian-General acted very harshly upon the minors who had been in possession for about four years and would, therefore, be disturbed from their possession by the order of the Deputy Custodian-General, He, therefore, quashed the order of the Deputy Custodian-General and allowed the petition.