Wanchoo, C.J. - (1.) This is an application by Satya Dev Cheema under Article 226 of the Constitution for a writ, direction or order prohibiting the Additional Deputy Custodian Bharatpur from proceeding against the applicant in an evacuee property matter.
(2.) The case of the applicant is that he was given agricultural land measuring 353 bighas and 4 biswas in village Kaproli, Tehsil Bharatpur, under the orders of the Ruler of the former State of Bharatpur, on 25-12-1947, on payment of Nazrana, and the applicant got possession of the land. In June, 1950 the land was declared evacuee property. The applicant brought that matter to this Court by Writ Petition No. 66 of 1951, when he failed to get redress from the Custodian Evacuee Property, Rajasthan. That petition was accepted, and the order declaring the land evacuee property was set said, and the Assistant Custodian was directed to proceed according to law under the Administration of Evacuee Property Act 31 of 1950 (hereinafter called the Act). Thereupon a fresh notice was served on the applicant & four of his tenants under Section 7 of the Act By the Assistant Custodian Evacuee property, Bharatpur. This notice was withdrawn as it was not in proper form, and another notice served on the applicant on 17-7-1954. The proceedings started by this notice came to an end on 15-11-1954, the Assistant Custodian taking the view that there was no necessity of taking action in the matter as the order of the Ruler of the former State of Bharatpur could not be challenged without the sanction of the Rajpramukh. The applicant's case further is that, on 12-1-1955, the Additional Deputy Custodian, Bharatpur, made an order transferring the case to his file holding that the matter was still pending. He also ordered that a fresh notice be issued under Section 7 of the Act to the applicant and to all persons concerned. In pursuance of this order, notices were Issued to the applicant and others, and the applicant submitted a reply on 28-3-1955, and raised objections regarding jurisdiction, limitation and res judicata based on the order of the Assistant Custodian dated 1511- 1954, etc. Various dates were fixed, and the last date was 31-5-1955, On that date, the applicant could not be present in the Court of the Assistant Custodian and had applied that as he was ill an adjournment should be granted. This application was rejected by the Additional Deputy Custodian, and that officer closed the evidence of the applicant, and fixed 9-6-1955, for arguments. Thereupon, the present application was made on 6-6-1955, and the proceedings before the Additional Deputy Custodian were stayed.
(3.) The main contention of the applicant is that the Additional Deputy Custodian has no jurisdiction to proceed in the matter, and therefore this Court should prohibit him from doing so. This contention is based on four main grounds which are as follows: -- (1) There is no such officer as an Additional Deputy Custodian under the Act, and therefore the officer who is dealing with this matter and who is called Additional Deputy Custodian has no authority in law to deal with the matter, (2) In view of the provisions of the Administration of Evacuee Property (Amendment) Act. 42 of 1954 (hereinafter called the Amendment Act), no proceedings for declaring any property as evacuee property can be taken after 7-5-1954, unless they came within the proviso to Section 4 of the Amendment Act, and that this case does not come within the proviso. (3) The Additional Deputy Custodian had no power to transfer this case to himself as that power did not vest in him. (4) The Additional Deputy Custodian could not deal with the matter at all till the order of the Assistant Custodian dated 15-11-1954, was set aside as that order had the force of res judicata.;