MOHANSINGH Vs. REVENUE COMMISSIONER, SOUTHERN DIVISION M.B. INDORE AND OTHERS

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of certiorari, mandamus or prohibition submitted by Mohansingh s/o Budhsingh of Ratlam against the Revenue Commissioner. Southern Division, Madhya Bharat, Indore, Collector Ratlam and one Lalchand s/o Kaluram Kothari of Ghaumukhi Pool, Ratlam.

(2.) THE allegations on which the petition is based are as follows: Petitioner Mohansingh was initially a resident of a village in Gujarat District West Punjab which now is situated in Pakistan. Ho shifted to Ratlam about five years back and settled there as a refugee. The petitioner, on learning that the house belonging to opponent Lalchand had become vacant, applied to the Collector Ratlam opponent No. 2 to allot the same to him. The Collector thereupon passed an order on 10 -4 -1953 allotting the premises to the petitioner in exercise of his powers under S. 14, Madhya Bharat Sthan Niyantran Vidhan.

(3.) THE Collector upon this passed an order the same day directing that intimation be given to Mohansingh to the effect that the house had been sold away by the owner to Ramakishore and that the latter wanted it for his own residence but that in case Ramakishore did not reside therein he should move again. It was further ordered that he should remove his furniture's and goods at once and also directed the Nazir to make over his goods to the custody of a Supratdar in case the same was not removed.