DHARAM VIR Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) THIS is a petition in order to quash an order of the Custodian Jammu dated 15 -6 -1964 by which he has directed possession of the shop in question to be handed over to respondent No. 3 Ghulam Fatima

(2.) THE petition arises in the following circumstances :

(3.) THE case was heard in the first instance by a Single Judge but in view of a substantial question of law involved in it, it was referred to a larger bench. Appearing for the petitioner, Mr Inder Dass submitted that the order of the Custodian General was bad in law in as much as it was passed without any notice to the petitioner. Secondly, it was contended that even if the order of the Custodian General was valid, the order of the Custodian was legally erroneous as it was passed in contravention of the clear directions by the Custodian General. During the course of arguments, however, the learned counsel for the petitioner confined his arguments only to impugning the validity of the order of the Custodian dated 15 -6 -1964 and did not press his prayer with respect to the validity of the order of the Custodian General. It was submitted before us that while the Custodian General had remanded the entire case to the Custodian for a fresh decision, the Custodian without applying his mind to the facts of the case ordered possession of the shop in question to be delivered .to respondent No. 3 as he felt himself bound by the order of the Custodian General. The Custodian thus committed a clear error of law apparent on the face of the record and the order passed by the Custodian was against the tenor and spirit of the order of the Custodian General. In our opinion, the contention is well founded and must prevail The order of the Custodian General clearly indicates that it had directed the Custodian to hear the entire case afresh and pass order according to law. There is no direction contained in the order of the Custodian General that possession of the shop in question should be handed over to Mst Ghulam Fatim without considering the merits of her case. The operative portion of the order of the Custodian General runs thus : -