S.C.Mathur, J. - (1.) This petition is directed against the order dated 14-12-1972 (Annexure No. 10 to the writ petition) passed by the Deputy Custodian General of Evacuee Property, New Delhi cancelling the sale certificate dated 19-1-1961 issued in favour of the petitioners by the Assistant Custodian-cum-Managing Officer, Evacuee Property, Lucknow. The dispute in the present writ petition relates to one-third share of one Imran Ahmad who became an evacuee on migration to Pakistan in respect of khata khetauni No. 36 of village Balehra Kamal Nagar, Tahsil Bilgram district Hardoi.
(2.) In spite of notice of the petition having been served upon the opposite parties no counter affidavit was filed by any of the opposite parties. At the time of hearing only Sri Umesh Chandra, learned Chief Standing Counsel appeared and supported the impugned order on legal grounds. As such the facts stated in the writ petition have to be accepted as correct. The said facts are thus:- Sultan Ahmad, Lukman Ahmad and Imran Ahmad were three real brothers and were joint tenure-holders of Khata No. 36, each having one-third share therein. Imran Ahmad became an evacuee by his migration to Pakistan and his one-third share became evacuee property. The plots comprised in the khata were in possession* of tenants and, therefore the compensation Officer exercising powers under the U. P. Zamindari Abolition and Land Reforms Act recognised their Sirdari rights to the extent of ⅔rd share of Sultan Ahmad and Lukman Ahmad by expunging their names from the record. The name of Imran Ahmad was retained on his remaining l/3rd share. By this process the plots representing ⅔rd share of Sultan Ahmad and Lukman Ahmad became separated from the remaning l/3rd share. The village where the land in question was situate was brought under consolidation operations and Chak No. 45 was carved out in favour of Imran Ahmad representing his l/3rd share in the Khata. This Chak included plots numbered 311m, 312m, 319m, 320m and 326m. In C. H. Form No. 23 Imran Ahmad was not indicated as evacuee. On the death of Imran Ahmad an application was moved by Ahsan Lukman son of Lukman Ahmad that his uncle Imran Ahmad had died and the name of his father be brought on record. In this application the fact that Imran Ahmad had become an evacuee was concealed. Mutation was allowed by the Assistant Consolidation Officer by his order dated 28-12-1968. On 7-10-1969 Ahsan Lukman, as agent of his father Lukman Ahmad, sold the plots mentioned above to opposite parties 3 to 6. Opposite parties 3 to 6 applied for mutation which was objected to by Bakhtawar Singh, the Pradhan of the village on the ground that the property was evacuee property and the sale deed in favour of opposite parties 3 to 6 was invalid. By order dated 23rd October 1970 the Deputy Director of Consolidation cancelled the mutation order which had been passed in favour of Lukman Ahmad. By order dated 26-6-1971 the Consolidation Officer rejected the application of opposite parties 3 to 6 for mutation in their favour on the basis of the sale deed. This order was passed on the ground that the sale deed relied upon by opposite parties 3 to 6 was invalid and conferred upon them no right, title or interest in the plots in question. Opposite parties 3 to 6 did not challenge this order by filing any appeal, revision, suit or petition under Article 226 of the Constitution of India in this Court. Thus the order rejecting mutation application in their favour became final. The petitioners applied to the Assistant Custodian-cum-Managing Officer for sale of the plots to them as they were in possession thereof. Their application was allowed and the sale certificate was issued in their favour on 19-1-1971.
(3.) Against this sale certificate opposite parties 3 to 6 filed revision before the Deputy Custodian General, Evacuee Property, New Delhi, opposite party No. 1. By the impugned order dated 14-12-1972 the Deputy Custodian General allowed the revision of opposite parties 3 to 6 and cancelled the sale certificate issued in favour of the petitioners and remanded the case to the Assistant Custodian for disposing of the evacuees interest in the plots in question after determining the same and considering the eligibility of the parties for the transfer of the same in their favour.;