S IQBAL SINGH CHADHA Vs. COLLECTOR HOSHIARPUR

JUDGEMENT

(1.) Iqbal Singh has filed this petition under Article 226 of the Constitution for an order of pertiorari to get the order of the Collector, Hoshiarpur, dated 29-7-1955, quashed.

(2.) The facts leading to this petition are these: Mine cups of gold weighing about 192 tolas of the Value of about Rs. 15,000/- were lying buried and were recovered on or about 25-6-1954 while the link road was being levelled. The police took possession of these cups on 29-6-1954, The Deputy Commissioner, Hoshiarpur, by letter dated 3-7-1954 directed the Resident Magistrate, Una, to hand over these cups to the Manager, Court of Wards, Una Estate, for deposit into the treasury as they were recovered from the land of the Una Estate and must be considered to be the property of the Court of Wards. It may be stated here that the property of Bedi Devindar Singh vests in the Court of Wards under Section 13, Court of Wards Act and his son Bedi Madhusudan Singh is the Manager of this Estate. The powers of the Court of Wards are being exercised by the Deputy Commissioner, Hoshiarpur. The Manager, Court of Wards, who is the son of the Ward, received these cups on 6-7-1954 in accordance with the Collector's orders and they were duly deposited in the treasury. On 13-11-1954 a notification under Section 5, Indian Treasure-trove Act, 1878, was Issued, stating Iqbal Singh to be the finder of these cups, and by that notification claims were invited to be filed by 29-3-1956, Only Iqbal Singh and the Court of Wards claimed the property. Iqbal Singh claimed as a finder of the treasure while the Court of Wards claimed the property on the ground that the cups belonged to the Bedi family and they were recover, ed from its land. The Court of Wards also denied that Iqbal Singh was the finder of these cups. The Collector thereupon started proceedings under Section 7, Treasure-trove Act arid by the impugned order held (1) that Iqbal Singh was not proved to be the finder of the treasure, (2) that the real finder had forfeited his right under Section 6 of the Act and (3) that the cups belonged to the Bedi family and were recovered from its land. On the basis of these findings he ordered the gold cups to vest in the Court of Wards.

(3.) The grievance of the petitioner is that he was not given sufficient opportunity to put his case before the Collector, and it has been argued by Shrl Faqir Chand Mital on behalf of his client that the Collector appears to have been biassed against Iqbal Singh as the property of the Bedi family vests in him. It is also urged that there are errors which are apparent on the face of the impugned order and the proceedings and that the procedure adopted and errors committed in the order have resulted in manifest injustice to the petitioner.