HARNAM SINGH Vs. DEPUTY CUSTODIAN GENERAL, JAMMU

JUDGEMENT

(1.) THIS is a petition by one Harnam Singh under S. 103 of the State Constitution for a writ in the nature of certiorari to quash an order of the Deputy Custodian General passed on 17 -2 -1960 whereby he cancelled the allotment of land measuring 17 Kanals and 18 Marias in village Gol Gujral, Tehsil Jammu, allotted in favour of the petitioner by the Provincial Rehabilitation Officer by his order dated 8 -8 -1959.

(2.) THE facts which led up to the present petition may briefly be stated. Sunder Singh son of Dalipa resident of village Gol Gujral, Tehsil Jammu, was allotted about 18 Kanals of land in that village. The Provincial Rehabilitation Officer cancelled the allotment in favour of Sunder Singh on 8 -8 -1959 on the ground that he was a proprietor of 182 Kanals of land in village Chinore, Tehsil Jammu and also that his son, Hoshnak Singh, being a member of the joint family with his father was a protected tenant of land measuring 61 Kanals and 8 Marlas in village Panjore, Tehsil Jammu. Against that order Sunder Singh filed a revision application before the Deputy Custodian General who by his order dated 17 -2 -1960 set aside the order of the Provincial Rehabilitation Officer and cancelled the allotment in favour of the petitioner on the ground that the land of Sunder Singh was in an insecure zone and that his son Hoshnak Singh was living separately from him. Harnam Singh dissatisfied with this order has filed the present petition praying that a writ of certiorari be issued quashing the order of the Deputy Custodian General dated 17 -2 -1960.

(3.) THE learned counsel appearing for the petitioner has argued that respondent No. 2 admittedly had 182 Kanals of land in village Chinore and, therefore, he could not be allotted land in excess of the land which he already possessed. He submits that the order of the Deputy Custodian General was contrary to the provisions of Circular No. LB -1 of 1959. Paragraph 3 of the said Circular reads as under: