Decided on December 10,1957

UNION OF INDIA Respondents


- (1.) This is a petition under Article 226 of the Constitution for a writ quashing an order of the Chief Settlement Commissioner, New Delhi.
(2.) The facts which are not disputed are these : Thakar Jaishi Ram petitioner was allotted 91 Standard Acres 2-3/4 Units of land on quasi-permanent basis in village Bishanpura, Tehsil Dasuya, District Hoshiarpur on 8th September, 1949. On 30th April, 1951, the allotment was cancelled by Shri M. S. Randhawa, Additional Custodian, and by the same order the petitioner was selected for allotment of some other land in Wah Tea Estate in Palampur, District Kangra. In 1952, the Government decided that the evacuee area in Wah Tea Estate should not be allotted. In pursuance of this decision, it was directed that the allottees selected for the Wah Tea Estate should be restored to their original allotments. Consequently, the allotment made to respondent Nos. 2 to 13 in place of the petitioner were cancelled and the same land in Bishanpura was reallotted to the petitioner. This order was made by the then Additional Custodian on 14th June, 1952. A petition under Article 226 of the Constitution, preferred by the respondents against the order of the Additional Custodian, was dismissed by this Court on 24th November, 1953. The respondents then approached the Custodian, Evacuee Property, Punjab, with an application praying that the Central Government be moved for issuing a special direction cancelling Jaishi Ram's allotment in Bishanpura. The application was dismissed on 19th January, 1955. Against this order of the Custodian, the respondents preferred a revision to the Custodian General and also presented a writ petition to this Court. The former was dismissed on 8th September, 1955 and the latter on 21st February, 1956.
(3.) Still, the respondents did not remain content. On 2nd May, 1956, they presented an application to the Minister for Rehabilitation, which was forwarded for disposal to the Chief Settlement Commissioner, New Delhi. This time the respondents happened to have a better luck. The Chief Settlement Commissioner, vide his order dated 15th September, 1956, cancelled the allotment in favour of Jaishi Ram and directed Sanads to be granted to the respondents. It is against this order that the present petition is directed.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.