GOVIND RAM Vs. REGIONAL SETTLEMENT COMMISSIONER RAJASTHANJAIPUR AND

JUDGEMENT

(1.) This petition by Govind Ram son of Uttamchand Shivanani, a displaced person residing at Ajmer, was originally filed impleading the Regional Settlement Commissioner, Rajasthan, Jaipur (hereinafter to be referred to as respondent No. 1) as the sole respondent and invoking the jurisdiction of this Court under Articles 226 & 227 of the Constitution and praying for a writ of prohibition or any other appropriate writ in the nature thereof restraining the said respondent from acting on the order of the Deputy Chief Settlement Commissioner, New Delhi, (who is now respondent No. 2 in the amended writ petition) cancelling the transfer of property No. A. M. C. XIX/165 (now AMC. XXI/213) made in his favour and further prohibiting him from resuming the said property or selling it by public auction or otherwise. On the 10th of October. 1957 when the case came up before a Bench of this Court, it was ordered that as the validity of the order of res- p ondent No. 2 dated 7-9-1957, is being challenged, e should also be made a party. It was also ordered that Gagandas Balani (respondent No, 3) on whose appeal respondent No. 2 ordered the cancellation of the transfer being an interested party should also be impleaded as opposite party. The writ application was consequently amended and respondent No, 2 and Gagaridas Balani as respondent No. 3 were made parties and a prayer for the issue of an appropriate writ or direction was also added. For a proper understanding and appreciation of the contentions requiring to be answered in this case, it is necessary to set forth in detail the facts and circumstances leading to this petition.

(2.) Property No. A. M. C. XIX/165 (now AMC XXI/213) (hereinafter referred to as the disputed property) belonged to one Mohd. Abdul Hafiz. The present petitioner took on rent in the year 1947 this disputed property from the said Mohd. Abdul Hafiz, who subsequently having migrated to Pakistan, the property vested in the Custodian of Evacuee Property and the petitioner obtained an allotment of the property in his favour under Order No. 1406/1904. The petitioner's, application for receiving compensation on account of his claim in respect of properties left in Pakistan was pending with the competent authorities. He accordingly applied for allotment of the disputed property on a permanent basis in lieu of his claim to the Regional Settlement Commissioner, Aimer, who, however, by his order dated 24-11-1955 found that the petitioner was entitled to a compensation of Rs. 5699/-only and adjusted this amount towards public dues outstanding against him. One of the items of the public dues found outstanding against the petitioner was an amount of Rs. 193/8/- on account of the rent of this disputed property for a period upto 31-10-1955. As no amount was payable to the petitioner on account of compensation on the findings of the. Regional Settlement Commissioner, the question of the allotment of the disputed property to the petitioner did not arise. The petitioner thereupon preferred an appeal to the Chief Settlemnet Commissioner, New Delhi, in which amongst other contentions he raised a plea that the property be given to him and that rent should not have been charged from him with effect from 1-11-1953. The Chief Settlement Commissioner, after making necessary enquiries into matters to be proved for allotment of the property to the petitioner, held that the petitioner was in occupation, of the property and that no rent should have been charged from him with effect from 1-11-1953. The Chief Settlement Commissioner observed that as the petitioner "had put in an application in 1953, the rules relating to the remission of rents to claimants of his category should have applied (and) (sic) arrears after 1-11-1953, should not have been deducted".

(3.) After this order, on information supplied to the Custodian, Evacuee Property, Ajmer, by the Regional Settlement Commissioner, Ajmer", the Assistant Custodian of Evacuee Property Aimer by his Order No. 17747 dated 2-7-1956 granted to the petitioner a quasi-permanent allotment of the property with effect from 1-11-1953. Later, on 13-9-1956 the Regional Settlement Commissioner, Aimer adjusted out of the compensation paid to the petitioner the value of the property assessed at Rs. 3144/-and made an entry in the compensation certificate and finally on 15-10-1956, the-Managing Officer. Aimer executed a formal conveyance deed in favour of the petitioner on behalf of the President of India.