- (1.) PARITOSH K. Makherjee, J. Writ Petition has come up for admission after seven years. By the consent of learned counsel appearing for the parties, writ petition is taken up for hearing and final disposal.
(2.) THIS writ petition is directed against an appellate order, dated 20-4-1988, passed by the Settlement Commissioner, Shahjahanpur, being res pondent No. 1, reversing 'the original order, dated 8-1-1986, passed by the Prescribed Authority, Evacuee Property, Shahjahanpur, in Case No. 3 of 1985 and Appeal No. 1 of 1986, under Section 22 of the Displaced Persons (Com pensation and Rehabilitation) Act, 1954 from hereinafter referred to as the Act of 1954 ). Following facts are necessary to be stated, which are being reproduc ed herein below. Originally this writ petition arises out of the proceedings of sale certi ficate, granted in favour of the petitioner on 26-7-1983, in connection with the proceedings admittedly under the Administration of Evacuee Property Act, 1950 (Central Act 31 of 1950) (from hereinafter referred to as the Act of 1950), by a subsequent order, dated 8-1-1986.
(3.) OBJECTION having been filed on behalf of the private respondent Nos. 2 to 11, the proceedings were initiated before Prescribed Authority, Evacuee Property, and, by order, dated January 8, 1986, Annexure 3 to the writ peti tion, the said objection was inter alia dismissed as according to the said Pre scribed Authority, they have not been able to prove that prior to sale they were in possession in respect of land in dispute, and, even if they choose they may approach to the competent court for the said objection afresh. Against the said order, private respondent Nos. 2 to 11 preferred a misconceived appeal, not under the [provision of Section 24 of 1950 Act, which deals with appeal, review and revision, but admittedly under Section 22 of 1954 Act.;