Behari Kunj Sahkari Avas Samiti vs State Of U.P. & Ors

2. In these three civil writ petitions, the disputed subject matter is Khasra No. 519, village Surjepur, Agra whose total area is four bighas one biswa which is recorded as property of Abdul Wahid in revenue record. At the time of division of the country, Abdul Wahid had migrated to Pakistan in 1947-48 and his aforesaid property, (Khasra No. 519, village Surjepur, total area four bighas one biswa) was declared as evacuee property and under Administration of Evacuee Property Ordinance, 1949 (Ordinance No. 1 1949) it vested in the Custodian of Evacuee Properties. Later on the said ordinance was substituted by Administration of Evacuee Property Act, 2 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. The entire property was given in the tenancy of Harnath Chaturvedi and Gurudatt Chaturvedi by order of Addl. 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. The portion which was given in the tenancy of Gurudatt Chaturvedi was later on given to Addl. Asstt. Custodian Shri Mehrotra by Asstt. Custodian, Evacuee Property, Agra on 22.9.1953. Shri Mehrotra died. 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/-. Tuljaram made payment of that money by adjustment of compensation. Accordingly, sale certificate of this property was made in favour of Tuljaram. Against this auction, Harnath Chaturvedi made an application under Rule 92 of the 3 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. The contention 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. Further Harnath Chaturvedi contended 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 not the agricultural land because he continues to be in peaceful possession over the agriculture land. Managing Officer rejected this application by his order dated 27.5.1955. By Government letter dated 4.6.1955 of Government of India, all urban immovable properties within corporation, municipality and notified committee 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 4 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. Harnath Chaturvedi filed an appeal before Asstt. Settlement Commissioner, U.P. against the order rejecting of his application dt. 27.5.1955 by Managing Officer, Agra. This appeal was rejected by Asstt. Settlement Commissioner by order dated 17.10.1960. Against this rejection order dated 17.10.1960, Harnath Chaturvedi filed a revision application under Section 24 of the Act before Chief Settlement Commissioner. 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. 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. Harnath Chaturvedi filed a Writ Petition No. 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. The High Court dismissed 5 this Civil Writ Petition on 6.9.62. 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. This Special Appeal was dismissed by the High Court by order dt. 24.11.1974. During the period of pendency of application under Section 27 of the Act before the Asstt. 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. 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. Asstt. Custodian, General Uttar Pradesh and Bihar. Lucknow disposed off the said revision application by his order dt. 30.10.1969/ 5.11.1969 and remanded the matter to the Asstt. Custodian for disposal of the claim of Harnath Chaturvedi after hearing him. The Asstt. Custodian, by his order dt. 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. 6 After this order, Harnath Chaturvedi prayed for transfer of Zamindari rights in his favour over this two bighas ten biswas area to the Asstt. Custodian and, which prayer was accepted and after accepting rupees eight hundred, Zamindari rights were also transferred to Harnath Chaturvedi on 27.4.1972.

3. 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. 18.8.1955 in favour of Tuljaram and the sale certificate issued on 14.7.1961 in respect of the disputed subject matter, be cancelled. This appeal was accepted by Authorised Settlement Commissioner, Lucknow and the auction and sale certificate in favour of Tuljaram were cancelled. Tuljaram made an application before the Settlement Commissioner, Government of India, New Delhi on 30.6.76 against this order dt. 11.1.1973 which was rejected on 20.1.1977. Against this rejection order dt. 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. This revision application was rejected by Deputy Custodian General Evacuee Property by his order dt. 7 17.5.1976. Against this rejection order dt. 17.5.1976 Tuljaram filed a Civil Writ Petition No. 920 of 1977 in the Delhi High Court which on the prayer of Tuljaram, was rejected on 4.1.1983. Tuljaram prayed for recalling this rejection order, which prayer too was rejected by the Delhi High Court by its order dt. 22.2.1984.

4. 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. 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. 17.5.1976 of the Deputy Custodian General by which the revision application of Tuljaram was rejected. Upon this representation, notices were issued to Harnath Chaturvedi and the other persons who were brought on the land by him. Being aggrieved with the said notice, heirs of Harnath Chaturvedi and the persons who were brought by him, filed Writ Petition No. 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).

5. On 10.11.1982, Harnath Chaturvedi made an application before the Custodian Evacuee Property, Uttar Pradesh in respect of property No. 183/195, which is the part comprising 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. 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. Asstt. 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. Thereafter, Tuljaram made a prayer before the Custodian General under Section 27 of the Act. On 31.1.1985 State of Uttar Pradesh filed a revision application under 9 Section 27 of the Act. On 11.10.1985 the said revision application was rejected. 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.

310) and S.P. Chengalvaraya Naidu's case (supra).

16. Above being the position, the High Court was justified in its view and no interference is called for.

17. Appeal is dismissed accordingly. But there shall be no order as to costs.