SAT PAL Vs. SPECIAL TRIBUNAL, J&K

JUDGEMENT

(1.) THE facts of the case, in brief, are these. A piece of land measuring 5 marlas comprising Khasra No: 168 situated at village Purana Pind Tehsil RS Pura being an evacuee property was put to auction by the 5th respondent in the year 1979. This action of respondent No:5 was confirmed by the 3rd respondent by his order dated 26.02.1979 in terms of which petitioners bid was accepted and the land was leased to him on a monthly rental of Rs. 21/ - subject to the conditions that all the improvements made by him would be deemed to be the evacuse property and that the allotment was liable to be cancelled on one months notice. This order was challenged by one Baldev Raj before the 3rd respondent who by his order dated 24.10.1981 set aside the same directing respondent No: 4 to hold fresh inquiry into the matter after hearing the parties.

(2.) THE Deputy Custodian, Jammu (respondent No.4) by his order dated 6.2.1984 set aside the auction conducted by the 5th respondent on the ground that it was not followed by wide publicity which deprived the petitioner Baldev Raj from participating in the auction. This order was successfully challenged before the 3rd respondent In a revision which dismissed on 19.11.1988 therefore revision under section 30 -A of the Evacuees Property Act also met the same fate when it was dismissed by the 1st respondent on 27.12.1990.

(3.) THUS , having failed before the three statutory forums, this petition has been moved for quashing the order passed by all of them in exercise of powers of Judicial review.