SHREESAM YESHWANT PATIL AND OTHERS Vs. REGIONAL SETTLEMENT COMMISSIONER AND CUSTODIAN EVACUEE PROPERTIES, BOMBAY AND OTHERS

JUDGEMENT

(1.) These petitions challenge the notices and orders made by the respondents, namely, the Assistant Custodian of Evacuee Properties and the Sub-Divisional Officer, Akola (hereinafter referred toas S.D.O. Akola), and Tahsildar, Akola, Taluq and District Akola. These respondents have directed the petitioners to hand over the possession of the fields in their possession to certain displaced persons on the ground that the fields have been allotted to the latter under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Displaced Persons Act).

(2.) The lands in these special civil applications were originally owned by one Firm known as "Moula Dina Ayub Firm, Akola". A partner of this firm by name Mohammad Hasham Abdulla migrated to Pakistan in or about 1948. A declaration was made by Deputy Custodian Akola on 21-6-1951, in respect of 1/4th share of Mohammad Hasham in the firm properties under section 7(1) of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the Administration Act). The non-evacuee partners of the firm, it appears, had at one stage taken the plea that they were the purchasers of the share of the evacuee (Mohammad Hasham) and had applied to the Custodian for confirmation of the alleged purchase in their favour under section 40 of the Administration Act. Having failed in that proceeding they filed Special Civil Application No. 135 of 1959 in this Court. The same was dismissed on 20-1-1960.

(3.) It appears that the Competent Officer under the provisions of the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as the Separation Act, 1951) separated the evacuee interest in the composite property under section 11 of the Act and by his order, dated 18-4-1969, assigned agricultural lands measuring about 689.28 acres comprising of 56 survey numbers situated in various villages of Taluq Balapur and Akola to the Custodian. It is claimed for the respondents that the properties which vested in the Custodian eventually stood acquired under section 12 of the Displaced Persons Act and the Managing Officer under that Act has allotted the properties to various displaced persons. Notices were, therefore, issued to the persons in possession of these fields like the petitioners to deliver vacant possession of the lands in question to the displaced persons. It is these notices and orders that have been challenged in these special civil applications. As they raise common questions, they are being disposed of by this common judgment.