JAWHAR SINGH Vs. CUSTODIAN GENERAL

JUDGEMENT

(1.) THE petitioner is a refugee from Tehsil Bagh of Poonch which is now in the occupation of Pakistan. Being a refugee, he was allotted certain land in Chhanni Tehsil Hiranagar within the State of Jammu and Kashmir. The second respondent, who is a refugee from West Pakistan, also obtained an allotment of land in village Chak Alawal, Tehsil Ranbirsinghpura of the State. This allotment, according to - the petitioner, was secured by fraudulently concealing the fact that the second respondent had already obtained land in East Punjab by virtue of his being refugee from West Pakistan. The petitioner, therefore, moved the Provincial Rehabilitation Officer at Jammu for cancelling the allotment in favour of the second respondent and allotting that land to him. This application was allowed on 2 -10 -1956, and the petitioner was given the land which had been previously allotted to the second respondent. And the land which was allotted to the petitioner in Chhanni village was resumed and given over to another person. The second respondent preferred a revision to the Dy. Custodian General against the order of the Provincial Rehabilitation Officer, but it was dismissed on 30 -5 -1957.

(2.) THE ground on which certiorari is claimed is that the Custodian General had absolutely no jurisdiction to interfere with the orders of the Dy. Custodian General.

(3.) THE respondents contest the petition on the main ground that the petitioner having submitted to the jurisdiction of the Custodian General without demur, cannot be permitted to repudiate that jurisdiction in writ proceedings. Furthermore it is stressed that the petitioner himself applied to the Custodian General for review of his order dated 22 -4 -1958; he thus took the chance of a decision in his favour by the Custodian General and has come to this court only when that decision went against him.