PARTUMAL Vs. MANAGING OFFICER

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by Partumal and his son Lakhmichand against the Managing Officer, the Regional Settlement commissioner and the Settlement Commissioner for a writ of certiorari quashing the order of the Settlement Commissioner Respondent No. 2 dated the 10th january 1961 by which the transfer of the portions of property No. A. M. C. XIX/1186 (Old ). A. M. C. No. XIX/ 501 (New) situated at Ajmer in favour of the petitioners and some others was cancelled and also for a writ of prohibition restraining the opposite parties from resuming the said property and reauctioning the same.

(2.) THIS petition came up for hearing before a Division Bench of this Court, one member of which felt that the two Bench decisions of this Court in Dungar Das v. Custodian Rajasthan, ILR 1956-6 Raj 939: (AIR 1956 Raj 163) and Govind Ram v. Regional Settlement Commr. Rajasthan, Jaipur, ILR 1960-10 Raj 594: (AIR 1960 raj 177), require to be reconsidered in the light of the latest decision of the supreme Court in Lt. Col. Khajoor Singh v. Union of India, AIR 1961 SC 532 and the following point was, therefore, referred by that bench to a Full Bench: "whether this Court has territorial jurisdiction to take cognizance of cases where orders sought to be set aside had been passed by certain authorities outside the territorial jurisdiction of this Court".

(3.) HON'ble the Chief Justice felt that the other point that was involved in this case was also of equal importance and he, therefore, directed that the whole case be referred.