HUKAM SINGH Vs. INDRI

JUDGEMENT

(1.) THE petitioners seek to get the order of the Custodian General dated 23 -4 -1958 quashed by certiorari and to restore the order of Ihe Provincial Rehabilitation Officer Jammu dated 14 -7 -1956. The salient facts of the case may briefly be stated.

(2.) HARI Chand, deceased husband of respondents 1 and 2 was allotted an extent of land measuring 13 kanals and 5 marlas in village Bhore. According to the affidavit of respondent 1 and 2 this allotment was made in Maghar 20051948/49.. Subsequently 29 kanals and 13 marlas of land in village Amia was allotted to him in 2011Bikrami. and he took possession of it in March 1955.

(3.) THE Custodian General is the third respondent. The respondents contend that the writ petition is mis -conceived that the order complained of is not amenable to certiorari that the orders passed by the Dy. Custodian General and the Custodian General were just and proper and that the application for writ is devoid of merit. They also contend that the application is not maintainable because the order challenged is a pre -constitution order.