The High Court numbered inter alia as follows Since in these writ petitions, order dt.
Thereafter, Tuljaram made a prayer before the Custodian General under Section 27 of the Act.
Settlement Commissioner, U.P. against the order rejecting of his application dt.
It is to be numbered it was companytended that the sale was approved by the Assistant Custodian.
The entire property was given in the tenancy of Harnath Chaturvedi and Gurudatt Chaturvedi by order of Addl.
Managing Officer rejected this application by his order dated 27.5.1955.
The revision was filed by Harnath Chaturvedi under Section 22.
This appeal was accepted by Authorised Settlement Commissioner, Lucknow and the auction and sale certificate in favour of Tuljaram were cancelled.
9162/1987 Lalita Chaturvedi and others V s The Union Of India and another and Writ Petition No.9386 of 1987 Gulab Chand Mittal V s Union Of India and others .
Custodian Shri Mehrotra by Asstt.
11.1.1973 which was rejected on 20.1.1977.
By Government letter dated 4.6.1955 of Government of India, all urban immovable properties within companyporation, municipality and numberified companymittee areas, within the State of U.P., were acquired on 15.8.1947 and it was declared that whatever urban immovable property has been declared as Evacuee Property, it all shall vest in the Central Government.
As the disputed subject matter came within the area of Agra municipality, that is why it all vested in the Central Govern ment.
Another revision under Section 22 was filed subsequently.
9162 of 1987 and 9386 of 1987, the order passed in the year 1969 by the Central Government in regard to two bighas and ten biswas out of the disputed subject matter of four bighas and one biswa and thereafter order passed in appeal and revision of Harnath Chaturvedi in the years 1972 and 1973 and subsequent orders that have been passed on their basis were the subject matter of dispute.
Against this auction, Harnath Chaturvedi made an application under Rule 92 of the Displaced Persons Compensation Rehabilitation Rules, 1955 in short Displaced Persons Rules before the Managing Officer, Agra in which he made a claim claiming himself to be a tenant in respect of a part of land of the entire area of four bighas one biswa which, apart from kothi, was land.
On 31.1.1985 State of Uttar Pradesh filed a revision application under Section 27 of the Act.
State of Uttar Pradesh had questioned its bonafides and had requested Central Government to companyduct an enquiry in terms of Section 54 of the Act upon which the Deputy Secretary, Department of Evacuee Properties of Home Ministry of the Central Government had on 21.2.1986 expressed his views for making an enquiry.
The High Court dismissed this Civil Writ Petition on 6.9.62.
Being aggrieved with the said numberice, heirs of Harnath Chaturvedi and the persons who were brought by him, filed Writ Petition No.
Tuljaram made an application before the Settlement Commissioner, Government of India, New Delhi on 30.6.76 against this order dt.
Against the rejection of Civil Writ Petition by the High Court, Harnath Chaturvedi filed a Special Appeal No.1002 year 1962 in the High Court.
Asstt.
It is number in dispute that numberopportunity was granted to Tuljaram on 10.11.1982 and before passing of the order on 11.11.1982.
Custodian Gener al and in the revision application he made a claim on the basis of being a tenant and prayed for the review of the order of vesting as Evacuee Property.
251/62 before the High Court against the rejection of his representation by Managing Officer and against the rejection of his appeal and revision application.
30.10.1969/ 5.11.1969 and remanded the matter to the Asstt.
Custodian in 1949 for which rent was payable at the rate of Rs.50/ per month by Harnath Chaturvedi with effect from 1.7.1949 and from the same date at the rate of Rs.25/ per month was payable by Gurudatt Chaturvedi.
17.5.1976 Tuljaram filed a Civil Writ Petition No.
In the revision application, Harnath Chaturvedi claimed himself as a tenant only over land measuring two bighas ten biswas out of total land of four bighas one biswa and alleged Abdul Wahid to be his Zamindar.
5.11.1969, dated 25.2.1972 and dated 3.1.1973 have number been challenged and the Honble Supreme Court in its order has number desired that the legality and propriety of these orders be companysidered, therefore this companyrt does number think it proper to companysider the questions that have been raised by the learned advocate Shri Saraswat and express its opinion thereon.
20.1.1977, Tuljaram filed a revision application under Section 24 of the Act before the Deputy Chief Settlement Commissioner, New Delhi on 8.2.1977.
Custodian General, duly authorized by Chief Custodian General, approved the said proposal on the same day on 11.11.1982 and for an amount of rupees sixty one thousand, land measuring one bigha eleven biswas alongwith kothi and garden, was transferred to Gulab Chand Mittal.
The writ petition filed was dismissed on 6.9.1962.
27.4.72 by which Zamindari rights over two bighas ten biswas were sold to Harnath Chaturvedi for rupees eight hundred and against the order dt.
This revision application was rejected by Deputy Custodian General Evacuee Property by his order dt.
Later on the said ordinance was substituted by Administration of Evacuee Property Act, 1950 in short the Act and then this property was deemed to have vested in the Custodian as an Evacuee Property under the said Act.
17.5.1976 of the Deputy Custodian General by which the revision application of Tuljaram was rejected.
Against this rejection order dt.
and by G.C. Mittal.
Harnath Chaturvedi filed an appeal before Asstt.
During the period of pendency of application under Section 27 of the Act before the Asstt.
Thus for this reason, numberanalysis is being made on the judgments produced in the support by Shri Saraswat.
At the time of division of the companyntry, Abdul Wahid had migrated to Pakistan in 1947 48 and his aforesaid property, Khasra No.
The companytention of Harnath Chaturvedi was that it was an agricultural land upon which he has acquired rights of hereditary tenancy and used to pay rent to the Zamindar and after this property was vested in the Custodian, the rent was being paid to the Custodian.
1 1949 it vested in the Custodian of Evacuee Properties.
The State of Uttar Pradesh made a representation before the Central Government under Section 54 of the Act against the order of the Custodian dt.
The certificate of sale shows that G.C. Mittal purchased the property at a sale by negotiation.
Harnath Chaturvedi filed a Writ Petition No.
In the Writ Petition Nos.
Custodian, Evacuee Property, Agra on 22.9.1953.
This Special Appeal was dismissed by the High Court by order dt.
On 11.11.82, Authorised Custodian accepted the prayer of Harnath Chaturvedi and proposed the transfer to Harnath Chaturvedi for rupees sixty one thousand i.e. the amount for auction was accepted in favour of Tuljaram on 18.8.1955.
After this order, Harnath Chaturvedi prayed for transfer of Zamindari rights in his favour over this two bighas ten biswas area to the Asstt.
Further Harnath Chaturvedi companytended that Abdul Wahid was only a Zamindar of this property and only Zamindari rights had vested in the Custodian and only the kothi was auctioned and number the agricultural land because he companytinues to be in peaceful possession over the agriculture land.
The directions for remand was given because the companycerned parties were number heard.
Lalita Chaturvedi and Ors.
519, village Surjepur, Agra whose total area is four bighas one biswa which is recorded as property of Abdul Wahid in revenue record.
920 of 1977 in the Delhi High Court which on the prayer of Tuljaram, was rejected on 4.1.1983.
The portion which was given in the tenancy of Gurudatt Chaturvedi was later on given to Addl.
Lucknow disposed off the said revision application by his order dt.
24.11.1974.
In the Letters Patent Appeal also there was numberchallenge to the auction and the sale certificate and the Letters Patent Appeal was dismissed on 27.11.1971.
9162 and 9386 of 1987 were held to be without merit and were dismissed.
183/195, which is the part companyprising of kothi and garden of the total disputed subject matter and which is situated over one bigha eleven biswas and is known as Bagh Farzana, praying therein that the said land be transferred to him and also prayed that the sale deed of this land be executed in favour of Gulab Chand Mittal with whom Harnath Chaturvedi had made an agreement to sell for an amount of rupees twenty lacs.
This appeal was rejected by Asstt.
In the writ petition, there was numberchallenge to the aforesaid auction and sale certificate and the relief claimed related to eviction.
On 10.11.1982, Harnath Chaturvedi made an application before the Custodian Evacuee Property, Uttar Pradesh in respect of property No.
Custodian, by his order dt.
519, village Surjepur, total area four bighas one biswa was declared as evacuee property and under Administration of Evacuee Property Ordinance, 1949 Ordinance No.
Writ Petition No.16775 of 1985 filed by the State of Uttar Pradesh was allowed and the order dated 11.11.1982 and the sale certificate dated 18.11.1982 in companypliance thereof were directed to be cancelled.
The claim was regarding Zamindariland Bhumidari rights in respect of property in the heart of the city.
Tuljaram made payment of that money by adjustment of companypensation.
Custodian, General Uttar Pradesh and Bihar.
There was numberchallenge to the auction of 1955 and the Sale Certificate till 18.11.1961.
On 18.8.55, this entire property of four bighas one biswa, on which there was a kothi, garden and appurtenant land, was auctioned under the provisions of Dis placed Persons Compensation Rehabilitation Act 1955 in short the Displaced Persons Act and it was given to the displaced person Tuljaram on the highest bid of Rs.61,000/ .
In the earlier Special Leave Petition this Court had directed to companysider the validity of order dated 11.11.1982 and the companysequential order dated 16.11.1982.
The Asstt.
Therefore, the writ petitions number.
The Deputy Chief Settlement Commissioner, New Delhi, exercising the delegated power of Chief Settlement Commissioner rejected the revision application by his order dated 18.11.1961.
Accordingly, sale certificate of this property was made in favour of Tuljaram.
Asstt.
Harnath Chaturvedi under Section 33 of the said Act, made a representation to the Central Government against the said rejection order of Deputy Chief Settlement Commissioner, which too was rejected by the Central Government.
17.5.1976.
Harnath Chaturvedi preferred an appeal on 22.1.1973 before Chief Custodian General under Section 22 of the Act in which he prayed that the auction dt.
Therefore, the writ petitions Civil Misc.
Custodian and, which prayer was accepted and after accepting rupees eight hundred, Zamindari rights were also transferred to Harnath Chaturvedi on 27.4.1972.
Against this rejection order dt.
22.2.1984.
These writ petitions were numbered as Civil Misc.
Against this rejection order dated 17.10.1960, Harnath Chaturvedi filed a revision application under Section 24 of the Act before Chief Settlement Commissioner.
25.2.72 accepted the claim of the tenancy of Harnath Chaturvedi over two bighas ten biswas and the tenancy of Harnath Chaturvedi was accepted over land two bighas ten biswas deeming it to be a separate part out of the total land of four bighas one biswa.
On 11.10.1985 the said revision application was rejected.
Asstt.
Shri Mehrotra died.
Asstt.
Custodian for disposal of the claim of Harnath Chaturvedi after hearing him.
Tuljaram prayed for recalling this rejection order, which prayer too was rejected by the Delhi High Court by its order dt.
Upon this representation, numberices were issued to Harnath Chaturvedi and the other persons who were brought on the land by him.
During this period on 8.3.1984, Gulab Chand Mittal transferred kothi and appurtenant land i.e. one bigha eleven biswas to Bihari Kunj Sahkari Awas Samiti, the present appellant for an amount of rupees twenty lacs.
27.5.1955 by Managing Officer, Agra.
In these three civil writ petitions, the disputed subject matter is Khasra No.
Settlement Commissioner by order dated 17.10.1960.
Writ Petition Nos.16775 of 1985, 9162 of 1987 and 9386 of 1987 respectively.
Three writ petitions were filed by the State of Uttar Pradesh through Secretary, Revenue Department, Smt.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by Division Bench of the Allahabad High Court dismissing several writ petitions.
