UNION OF INDIA & ANR

AVTAR SINGH & ANR .

• April 4, 1984

(D. A. DESAI, A.P. SEN AND V. BALAKRISHNA E~AD!, JJ.]

Punjab Refugees (RegiJtration of Land Claims). A ct; 1948-s. 33- Revisional ppwer 'of Central Government-Scope of-Whether can be ex'ercised repeatedly.

One Harnam Singh, filther of the respondents, was owner of some agricultural land in the erstwhile Siad Province now forming part of Pakistan.

After the partition of the country he along with his wife and three sons migrated to India.

As displaced person, J:ie lodged a claim on March"lS, 194g in respect of his entire holding on Pakistan.

On the introduction of the Punj.ab Refugees' (Registration of'La.nd Claims) Act,

1948. on April 3, 1948 the said Harnam Singh, his sons and. his wife filed separate claims alh; ging that in 1946 there was an oral partition of the land which origioaIJy belonged to Ha.roam Singh.

The claims were

verifid and allotments were made in favour of each claimant.

The Chief Settlement Commissioner rejected a .reference from the department and by his order dated August 21, 1961 held the allotments to be valid.

Apprehending that tlle claim of ownership of I.and in Sind and the partitioD. between himself, his sons and his wife and the allotnicnt of land was being reexamiped, on March 13, 1962 Haroam Singh submitted a

represenation to the Government of India for issuing a direction under s. 33 of the Act that the matter be treated as finally settled.

On this representation, Shri N. _P. Dube, Joint Secretary to the Governmentof India, Department of .Rehabilitation wrote a D. 0. let1er dated Ma)' 31,

J 96f to Shri J.• M. Tandon, Deputy Secretary to the Government" of Puojab, Rehabilitation Department, saying, inter alia.- c'that there is no ' polnt in \\aitii1g any more and the mater should be finalised on lhe basis of the judical findings arrived t in the case.

We also feel that there are no reasons to differ from those judicial pronouncemeots at this stage~ The record received from the Punjab Government is, theefore, returned with thC request that the case may be finalised as mentioned above".

It appears "thaf the Managing Officer of the Rehabilitation Departinent, Punjab Goeernment sublllittd a 'note to moVe the Central Government under s. 3 3 of the Act for reopening and cancellation of the order of the Chief Settlement Commissioner dated August 21, 1961.

Thereupon a notice was issued to the allotees calling upon them to show cause why the order of the Chief Settlement Commissioner datod August 21, 1961 should not be set aside and allotment in .favour of each of them should

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not be cancel1ed.

The al!otees contended that since.the power of revision conferred by s. 33 of the Ac~ had already been exercised by the Central Government. the same pow.Jr Qf revisioncould not be.repeatedly exercjsed particularly when no fresh material against the allotees was prOduced after the ee).rlier decision.

Ultimately a Joint Secretary to the Government of India exercising Power of revision conferred bys. 33 by his order dated March 15; 1965 quashed and set aside the order of the Chief Settlement Comniissioner datd August 21, 1961 and further directed that the .allotment of land in favour of Harbans Siog!'t~ bi~ sons and his wif~ be cancelled and that a fresh' allotment be made on the fc;>oting that Harnam Singh alone was_ the owot:_r of lb~ Ian~ situated in Sind.

The validity of the order dat'd March 15, 1965 of the Joint Secretary was challenged in the.Higb, Court by two sons of Harnam Singh, respondents in this apptaJ. roadly agreeing with the view taken bya learned o&in8; le Ju.dge, a Division Bench while dismissing the Letters: Patent appeal in the High Court, held that the D. 0. Le\ter of the Joint Secretary dated May 31, .1963 conveyed the decision of the Government of India in exercise. of powers under s. 33 and therefore, the power of revision against the order : of the Chief Settlement Commissioner was eXhaustedbecause.a quasi .. judicial tribunal bad no power to revise or review its earncr decision on merltS even if the earlier decision was wrong on facts OJ law. Acc, ordingly , th.e.High Court eldthat the impugn, ed order of the Go.vrnm:nt df.India •ctated March 15, 1965 waswitbout jurisdiction and w.5 invalid and' of -no lega~ effi.C!fY Hence this appeal.

Allowing the appeal,

HELD : The. contention that he power of revision cannot bo repea tedly exercised and finality must attach to the orders would necessilat .. an examination iil depth rof the nature and extent of power conferred by section 33 of the Punjab Refugees (Registrati.on of Claims) Act, 1!>48 which enables the Central Government to revise nd reopen any proeceeding under be Act and to pass any Order in relation thereto as in the opU:tion of the Central Governmenl the circumstances of the -case i'equire

and a& is not-inGonsistent with any of the provisions contained in the Act or the Rules4Dade thereunder.

But in the facts of the 4present case it is not necessafy to undertake this exercise.

The Court would proceed on the assumption that section 33 of the Act does not provide reservoir .of power from which revisional jurisdiction.can b~ exercised more than once in.respect of the same order or the same proceeding. [403E-F]

Jn the instarit case the questic~ which would squarely arise is .wbe . ther on an earlier occasion, tbe Central Government h::d exercised any r.evisional power cenferred by section 33 in tespect of the order dated -August 21, 1961 of the Chief Seltlet'nent Col'pmissioner.

In other .Words, whether, as contended by the appellants, the letter of Shri N. P. Dube, Joint Secretary dated May 31, 1963 is a decision recorded by the Central Governnlcnt in exetcise of .the power conferred by section 33 7 The letter of Mr. Dube dated May 31, 1963 does not record any decision of the Central Government.

It merely says that it is not necessary to wait any tnore fQr r.espons~ to the queries addreSsed to authorities in .Pakistan and

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• UNION v. A vTAR SINGH (Desai, J.) 393 • the matter should be finalised .on the basis of finding-arrived at in tbe A case.

IL further proceeds to aver that there is a feeling that there is no ,.q reason to differ from those judicial pronou11ce.ments at 'this stage'.

Such . expression of feelingcould hardly tentamount to a decision of the Ceptral Government under Sec. 33. By this letter the Central 'Government lnformed~

the Government of Punjab that the record is -returned with the request that the case may b~ finalised as indicated in the letter.

The rev, isional B power is tl1e po, vcr of the Central Government and not of the Punjab Government.

The decis.ion was Jeft to the Punjab Government. There was nothing pending with the Punjab 9overnment for finalisation Therefore, the High Court was clearly in error in tteq.ting, the letter of Shri Dube dated May 31, 1963 as a decision of the Central Government in

exercise of the power conferred by Sec. 33. There was no occasion for the Central Government to exercise power under Sec. 33 and therefore, C it is not possible to agree with the, Righ Court that the letter records the decision of the Central Government under sec, 33. If the letter of Shri Dube is not a decision al the Central Government uDder Sec. 33 of the .' Act. as a necessary coro11ary, the impugned decision must be treated as one renderer. for the first time in exercise of the revisional power under Sec. 33 and therefore, it cannot be said to be one without jurisdiction.

(403 G; 404 A; F_:G; 405 B-E] 0

'D. N. Roy and S. K. Bannerjee & Ors.

v. State of Bihar ·&Ors. (1971] 2 S.C.R. s2'2.

If every litigant in whose favour a competent authority has made an order can still appn1ach the bighei authority for the affirmanCe of the orJer witbont any rhyme or reason, the whole gamut of power of revisional jurisdiction )VOUld become a play thing for already successful party who muy fOreclose the decision and when needed can successfully urge that lhe power of revision is exhausted.

[404 E-F]

CivIL APPELLATE JURisDICTION : Civil Appeal No. 503 of 1971.

. From the Judgme11t and Order dated 2-2.5.1969 of the Punjab & Haryana High Court in LP.A. No. 384 of 1966.

M.M. Abdul Khader and Ms. A. Subhashinifor the appellants.

 P.P. Rao foF the Respondent No. I and R.S. Bindra and Har G bans Singh for respondent No. 2.

The Judgment of the .Court was delivered by

DEs~1, J. Avfa~ Singh and Dr .. Kartar Singh two sons of S.Harnam Singh filed Civil Write No. 1242 of. 1965 against their fathers. H,;;\rnam Singh, respondent No. 2 and Union of India and Tehsildar cum Managing Officer, respondents Nos. I and 3 res

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pectively questioning the correctness and vali<lity of an order dated March 15, oi96~, Anneimre 'G' to the petition.

S. Hanam Singh was the owner of agdcultural land compri sed in DehNo.)00 as also a portion of the land included in Qoh No. 99 situated in District Nawab Shah, in erstwliile Sind Pr0vi-. nee now forming part .of Pakistan. Harnam Singh hd three sons : Avtar singh, Dr. Kartar Singh and Hu bans Singh. Smt.

Tej Kaur was the wife of Harnam Singh. It was alleged that ia the year 1946 Harnam Singh dfected a partition of agricultural land between himself, his three sons and hi"s wife Smt. Tej Kaur each being given an almost equal share. It was alleged thaf intimation of the alleged partition was sent to the revenue authorities of Sind Province with a request to effect necessary mutation .in the revenu\records showing land as haying been given in the partition to the particular person .. After the partition oft)le conn- .· try S. Harnam Singh his three sons and hi; wife migrated to India and they claim to be displaced persons. ' Harnam Singh lodged a claim on March 15, 1948 in respect 6.f the entire land including the Jand belonging to •the heirs of Ch. Attar Singh who was his father-in-iaw. Later on, on April 21, 1948 Harnam Singh intimated to the ehabilitation Authorities that out of a total claim of 300 acres of land lodged y him, about 75 acres of land• was of ti)e ownership of Ch. Attar Singh and confine?! his clai111 to•the total area of 225 acres of land. It may be mentioned that in the claim lodged on March 1,5, 1948 there was no reference to the partition effected by Harnam Singh between himself his sons and his wife.

On the introduction of the Punjab Re.fugees (Registration of Ljtnd Claims) Act, 1948 ('Act' for short) on April 3, 194S Harnam Singh and his sons as also Smt. Tej Kaur filed separate claims ~µ the basis of the partition of the land which originally belonged to .s. Harnam Singh. It was alleged that .these claims were verified and allotments of land were made to th.e extent of 21-8 standard

acre~ in favont of each claimant on temporary liasis. On October

5, 1953, Harnam Singh and his sons approached the .authorities in the Rehabilitation Department' to convert temporary allotment into quasi-permanent allotment. Deputy Registrar °Land. Claims accepted the request of Harnam Singh and his sons, both with regard to the ownership of the land as well as partition thereof amongst various members of the family.

I!owever, it was recomended that on the basis of the revjsed calculations, each claimant would be entitled to 19-LH S.A. of land instead of 21-8 S.A. and the excess allotment should be cancelled This recommenda; tion was approved by the competent antho.rity vide its order dated,

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UNION v. AVTAR SiNGH (l>esai, J.) • October 28, 1953 as also by the Deputy Custodian of Evacuee Property as per its order dated November 11, 1953. Conseqirently

excess allotment of 8-14, l . standard a.ores in respect of five claimants was cancelled and the remaining allotment was ordered to be made on cjuasi-permane1if basis.. It was alleged that later on proprietary rights were conferred on each claimant in respect of . the land allotted to him by the Managing Officer. Some time in

39S

1960, a notice was received by the allottees from ihe Chief Settlement Commissioner1 Punjab calling upon them to show cause why their allotment should not be cancelled. In view of the notice, it became necessary for the allottees to eatabhsh not only the ownership of land in Sind but the partition thereof amongst themselves. The allottees claimed that they offered the necessary proof which satisfied the Chief Settlement Commissioner who had issued notice on the basis of Jamabandi entries received from Pakistan.

Accordingly the Chief Settlementcommissjoner by his rder dated . August 21, 1961 c_onfirmed the allotment, directed conferment of quasi-permanent status and rejected the departmental reference.

Somewhere in October 1961 , Harnam Singh apprehended that the claim to ownership of land in Sind and the partition between

himself, his sons and his wife and the allotment of land was being re-examined whereupon on March 13, 1962 he submitted a representation to the Government of India for issuing a direction under Section 33 of the Act that the matter be treated as finally .. settled. It is alleged.that on this representation, the Government

of India sent for the record of the whole case, called for the comments of the Punjab Rehabilitation Department which led Land Claims Officer to forward his note dated October 27, 1961 to the Government of India alongwith the whole record of the case. It' is alleged that the case was examined and the Joint Secretary 'to the Government of India, Ministiy of Rehabiiitation, one Shri Dube, conveyed the decision. of the Govrn ment of India to the Deputy Secretary to the Government of Punjab, Rehabilitation. Department, Jullundur vide his D.O.

Letter No. 13(66) L&R0-62 dated May 31, 1963 with certain observations which it is alleged tend to ; how that the power of revision under Sec. 33 was ex_ercised and. both, the holding of the land in Sind, partition thereof betwen, Harnam Singh, his sons and his wife and the allotment of land to them as displaced persons in India were considered as valid and finally settled. It appears that the Managing Officer of the Rehabilitation Department, Punjab

Government submitted a. note dated November 5, 1963 to move the Central Government under Sec. 33 of the Act for cancellatiou ·

of the order of the Chief Settlement Commissioner dated 11.ugust

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21, 1961. 1hereupon the Chief Settlement Comissioner issued a notice da!ed May 21, 1964 to the ~Ilottees calling upon them to show cause why allotment in favour of each of them should not be cancelled The allottees appeared and submitted .their objections . to the re-opening of the cas_e inter alia contending that the power of revision conferred by Sec. 33 of the Act cannot be repeatedly exercise and it having been earlier exercised and the al!otfilent having been held to be valid as Per the letter of Shri Dube dated , May 31, 1963, the Central Government had no jurisdictio11 either to revise or review its previous decision more prticularly when no fresh material -against the allottees is produced after the earlier decisio11. Ultimately the Joint Secretary of the 6overn- -ment of India exercising power of revision co11ferred by Sec. 33 . by his order ilated March 15, 1965 Annex. G to the writ petition

quashed and set aside the order of the Chief Settlement Commissioner .dated August 21, 1961 and. further directed that the allotment of lal)d in favour of Harnani Singh, his sons and his wife be cancelled and that a fresh allottnent be made on the footing that Harnam Singh alone was the owner of the land situated in Sind.

In other words, the claim that each sons of Harnam Swgh ha\i acquired land on partition was rejected as untenable. Thereupon, two sons of Harnam Singh, Shri Avtar Singh and Dr. Kartar Singh filed Civil Writ Ptition in the High Court of Punjab at Chandigarh.

An affidavit in opposition was filed on behalf of respondent Nos. I and 3 by one A. G. Vaswani, Settlement Commissioner (A) & Ex-Officio Under Secretary to the Gvernment of India, Ministry of Labour Employment & Rehabilitation inter a/ia contending that in April 1948 when for the first time Shri Harnam Singh lodged his claim a~ displaced person against the loss of his land and property, in Pakistan, he had categorically stated that 225 acres _of land situated in Sind belonged to him and there was no express or implied, overt or covert reference or even a whisper of a partition between himself and .his sons and wife before he migrated to lni!ia. 'It was also contended that the claim lodged by Harnam Singh in Aplil, _ 1948 was attested by Shri Harnam Singh, then Deputy Custpdidn of Evacuee Property, East Punjab and at the relevant time Judge.· of the Punjab High Court. It is alleged tbat on the basis of the alleged partition, separate claims were lodged for the first time in Jum; 1948 each claiming

48 acres of land which was reduced to 32 acres. It was specifically contended that tJu, separate claims on the basis of

\llleed oral partition were an after thohugt and wre submitted '

UN'roli v. A VTAR SINGH (Desai, J.)

to escape a higher graded cut under the Quasi-permanent Allotment Scheme. Other averments in the affidavit are hardly releyant.

With respect to the D. 0. Letter of Shri Dube, it was stated that the opinion expressed in it was not a judicial decision in exercise of the revisionai jurisdiction under Sec. 33 of the Act nor could it constitute an exercise of power under Sec. 33 of the Act. It was submitted that the revis; onal power was exercised for the first time when the allotment was cancelled and a direction was given for fresh allotment on the basis that Harnam Singh alone, was the owne1: of the land situated in Sind.

The wr.it petition came up before a learned Single Judge of the High Court. The learned Judge by his Judgment and order dafed October 4, 1966made the rule absolute and quashed the : order dated March 15, 1965.

The Union of India prefer1 ed Letters Patent Appeal No. 384 of I 966 . which was heard by a Division Bench of the Punjab and Haryana High Court. 1 he Di vision Bench broadly agreed with the view taken by the learned Single Judge that the 'D. 0. letter . of Shri Dube dated May 31, 1963 conveyed the decision of the Government of India in exercise of powers under Sec. 33 and therefore, the power of revision against the order of the Chief Settlement Commissicne'11 was exhausted because a quasi-judicial tribunal has no p'ower to revise or review hs earlier decis on on merits even if the 'earlier decision is wrong on facts or law'.

Accordingly, while dismissing the L.P. Appeal the High Court held that the impugneo order of the Government of India dated March 15, 1965 was without jurisdiction and was invalid and bf no legal efficacy. Hence this appeal byspecial leave by the Union of India.

• Mr. Abdul Khader, learned counsel for the appellant urged that the High Couri was in error in treating D. O. letter No~ 33 (66)/L&R0-62 of Shri N._ P. Dube dated May 31, 1963 as a decision reached or. re.corded in exercise of the power conferred by Section 33 so as to cxhailst'the power of.revision. Consequently, it, was urged that the High C<, mrt was in error in holding that the aecision of the Central Government dated March 15, 1965 was without jurisdiction. ·

Chronology of events and the assertion and counter assertion would reveal that controversy centres ronnd the nature and cha-. racter of the letter dated May 31, 1963 of Shri N. P. Dube, Joint

sUPREME COURT REPOR'fS

[1984) 3 S.C.R.

Secretary to Shri J.M. Tandon, Deputy Secretary to the Government of Punjab, Rehabilitation Department, Jullundur.

More specifically the question is whether it was an inter-departmental c.ommunication or it was the decision 1ecorded in exercise of the power conferred by Sec. 33 of the Act? If it was not a decision recorded by the Central Government in exercise ot the power conferred. under Sec. 33 the judgment of the High Court would be unsustainable.

The Act as its long title shows was enacted to provide for the payment o( compensation and rehabilitation grants to displaced .. persons and for matters connected therewith: Consequent upon the pllrtition of the country, there was migration of population both the ways. Large number ofresidents of atea now forming part of Pakistan migrated to India and there was also a flow in the reverse direction-. Those who migrated under those tragic, traumatic and compulsive circumstances were forced to leave their properties at the place t)ley were settled for generations. Both India and Pakistan were faced with a huge pro):ilem of settling persons thus displaced. In order_ to compensate such displaced . persons who were uprooted out of their abodes, the Act was enacted.

Sec. 2 (b) defines 'displaced. person' to mean 'any person who, on account of the setting up of' the Dominions. of India and Pakistan, or pn account of civil disti.Jrbapces or the fear of such disturbances in any area now forming part of West Pakistan, has, . after the first day of March, 1947, left, or been di6placed .from, his place of residence in suc'h area and who has been subsequently residing in India, and incluc!'es any person who. is resident in any place now forming .part of India.and who for that reason is unable or has been tendered unable to manage, supervise or control any immovable property belonging to him in West Pakistan, and also includes the sqccessors-ininterest of any such person.' 'Evccuee property'_ has been defined in Sec. 2 (cJ to mean 'any pro perty which has been declared or is di:emed to have been declared as evacuee property under the A4ministration of Evacuee Property Act, 1950.' Sec, 14 of the Act envisages constitution of a compensation pool .which shall consist of evacuee proprty both.in cash and kind.

Sec. 4 requires all displaced persons having a verified claim to make applications for the payment of c()mpensation. Sec. 7 casts a duty on the Settlement Commissio11er to make an enquiry in such maruter as may be prescribed and having due regard to the . prescribed scales of compensation, the nature .of the verified

uNioN ' AVTAR SINGH (Desai, J.)

claim'and other circumstances of the case, to ascertain the amount of 'compensation to which the applicant is entitled. After following the procedure prescribed m several sub-sections of Sec. 7, the Settlement Commissioner has to make an order determining net amount of compensation, if any, payable . to the applicant. • Sec. 8 prescribes the form and manner of payment of compensation. Compensation.can be paid in cash, in Government bonds, _,; by sale to the displaced person of any property from the compen- " sation pool and setting off the purchase money against the compensation payable to hi111 etc. Sec. 22 provides for appeal against the order of tho Settlement Officer or . a Managing Officer to the Settlement Commissioner as the case may be, in such form anc\ manner as may. be prescribed. Sec. 23 provides for an appeal against the orders of the Settlemnt Commissioner. or the Additional Settlement Commissioner or an Assistant Settlement Commissioner to the Chfef Settlement Commissioner in such form ..... (· and manner as may be prescribed, with this proviso that no appeal shall lie from any order passed in appeal under Sec. 22. The next important section material for the present appeal is Sec. 33 which reads as under:-

"33 : The Central Government may at any time call for the record of any pro; eeding under the Act ad may pass such order in relation thereto as in its opinion the circumstances of the case. require and as is not inconstent with any of the provis; ons containe<I in the Act or the rnles made thereunder."

Having noticed the relevant provisions, certain facts may be reiterated. Harnam Singh a displaced person submitted a land claim on March 15, 1948 at Delhi for an area of 300 acre, S said to have been abandoned by him in Nasrat Tehsil, district Nawabshah 'in Sind. He filed another claim at Jullundur on April 1, 1948, reducing , his claim to 225 acres. On July. 13, 1948, Harnam

 Singh and his three son~ Kartar Singh, Avtar Singh and Harbans Singh and his wife.Sm!. Tej Kaur lodged separate claims each for 48 acres of land in lieu of land alleged to have been abandoned by each one of them in Pakistan. There was a modified claim submitted on Febrnary 22, 1949. The' difference b.etween the first and the second claim arises from the altered tand adopted by the claimants. Initially Harnam Singh claimed to be. the exclusive owner of 225 acres of land but when separate claims were sub- . lliltted by hi~ three sons [ind his wifo it was alleged that thre was orapl artition. of the property belonging to Harnam Singh betwee~

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himself his wife and his three sons. Each one of the. five claimanis Verified hii own claim, whereupon each was alloted 21-8 s. A. of land: Upon thejrreqtiest !<1 convert emporary allotment into quasi-permanent allotment, their cases #'ere eamined by the Managing Officer who found that there was an excess aliotnierlt of 1-121/2 standard acres in case of each of the claimants and with their consent the. excess area of 8-141/2 standard areas was cancelled.

A. little while after the officer in-charge (Land claims) Jullundnr examined the case of each of the clai!]iants and made a reference to the Chief Settlement Commissioner on September 2, !960 recommending that 48-14 standard acres was in exess of the entitlement of the five claimants in view of the entries in Jamabandi and the excess allotment-be cancelled. A further enquiry revealed that the claim of Harnam Singh that there was partition between himself and his sons. was uµtenable and. that except Harnam Singh, the other claimants did riot have any land of their ownership and therefore tl{e etire allotment deserved to be cancelled. 'fhe Chief Settlement Commissioner rejected the reference by his order dated August 21, 1961.

It is this order which has .been revised by the Central Governmentin exercise of . the power conferred by Sec. , 33 by the impucd .order dated March 15, 1965;

• It would appear from the mere recital of the facts that the . . . .

Chief Settlement Commissioner who rejected the reference as per its order dated August 21, 1961 held the allotment in favour of the five claimants to be valid, legal and correct.

' If the decision of the chief 'settlement Commissioner dated August 21, 1961 is wholly in favour of Harnam Singh and his sons and wife, they' could, .by no stretch of-imagination, be said to be pers6ns aggrieved by t_he decision of the-Chief Settlement Commis-. sioner.

Harnam Singh a.nd his sons contended that the allotment was valid and that the reference niade by .the Officer-in-charge (land claims) department must be rejected. The Chi'ef Settlement Commissioner accepted this submission of'llarnam Singh and his sons and rejected the reference. Can it ever b~ said that a decision wholly .in favour of Harnam Singh and his sons is one adverse to them or that they are aggrieved by the decision.?

H It is now necessary to turn to an intervening event .. It appears that the Chief Settlement Commissioner whi!e rejecting the refe- '> ~.., rence and accepting the allotment in favour of Harnam in~ am;\ . . ..

UN!ON v. A.VT/.R SINGH (Desai, J.)

his sons on the basis of holding and oral partition as legal and i\ valid observed in para 12 of the order as.under;

"Further in the terms of the proprietary rights Sarlad if any, evidence comes to the notice of the department which

~ establishes any of the facts mentioned in the clause below, the Central Govt. can at any time resume whole or any part B J. of the property." ,.

After convening temporary allotment into quasi-permanent allotment a Sanad was issued to each ctaimant. One condition in the Sanad was trult if it appears at any time that the grant or allot- c ment of land described in the Sanad, is obtained by fraud, lalse . representation or concealment <;>f any material fact, it shall be lawful for the President to resume the whole or any part ofthe said

property so allotted.

In view of the aforementioned observations and in absence D of any document evidencing partition of the property as cJaimed by Harnam Singh, the Punjab Government made. a reference to the Pakistan authorities for the necessary verification of entries in the Government record.

A similar request was also addressed to • the Central Government which lrd to a query being addressed to the High Commissioner for India in Pakistan to obtain documen- Ii

- tary evidence if any in this behalf. Nothing concrete emerged from these queries. In the meantime, Hamam Singh submitted • a rpresentation (Annexure 'B' to the petition) dated March 13, 1962 to the Government of India for issuing a directic!n under Sec. 33 of the Act that the matter be treated as finally settled.

Some correspondence ensued betwe'll.J the Union Government and F

' the Government of Punjab which ultimately led to Shri NJ>. Dube, Joint Secretary, Ministry of Rehabilitation sending a letter dated •

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May 31, 1963 tp the Deputy Secretary to the Government of Pnnjab, Rehabilitation Department, Jullundur which reads as under: G

"N.P. Dube, Regd. A.D.

Joint Secretary.

D.O. No. 13 (66)/L&R/62

W.H.&R.

-... .J' (Department of Rehabilitation) H

~!st May, l963

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[1984] 3 S.C.R.

A My dear Tandon,

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Pleas~· refer to Balmukand Sharma's D.O' .. letter. No. 422/ SINGH dated the 29th August, 1962, in connection with the re- . presentation filed by Shri Harnam. Singh P.C.S. (Retd.) .. The High' Commissioner for India in Pakistan was also addressed by Secretary in. August, 1962, to get the required information but the Pakistan Government have 'not been able to supply it so far.

The. matter has, therefor, ·.been considered in this office and it is frlt that there is.no point in. waiting any more and the matter should _be finalised on the basis of the judicial findings arrived at in the, case. We also feel that there arc no reasons to differ fr<ill, l those judicial' pronouncements at this stage. The record received from the Punjab Government is, therefore, returned with the request that the case may be finalised as mentioned above.

Shri J.M. 'fandon, Deputy Secretary to the Government of Punjab, Rehabilitation Department, Jullundur."

Yours sincerely, . Sd/- N.P. Dube 1.6..63

On November 5, 1963, the Managing Officer, Rehabilitation Department, Goyernment of Punjab submitted a note inter alia pointing out that the story . of partition alleged by Harnam Singh . and his sons is a myth and conseuently, except Harnm Singh, no other claimant was entitI.ed .. to any allotment and.therefore, the decision of the Chief .Settlement Comissioner dated August 21, !961 requires to be reopened under Sec 33 and allotment upheld by him should be cancelled. Upon this note a reference was made ". to the Central Government. Thereupon a nouce dated Maj 21,

1964 was issued to Haruam Singh and his sons, his wife Smt. Tej Kaur having, died in the meantime, calling upon them to show why the order of the Chief Settlement Commissioner dated August 21, 1961 should not be set aside and the allotment in. favour of each allottee be not cancelled. Ultimately, the impugned order was passed.

1J11dou.btedly, the impul1!led order is 111a<!e under Se9. 3~

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UNiON v. AVTAR SINGH (Desai, J.) 403 ' which confers a wide power' of revision on the Central Government. The power of widest amplitude for revising and reopening any proceeding under the Act and to pass any order in relation thereto as in.the opinion of the Central Government the drcu.mstances of the case require and is not inconsfstenhvith any of the provisions contained in the Act or the rules made thereunder is conferred on the Central Government This is undoubtedly a power of revision.

It is not even hedged in by any concept of limitation. Such power of wide plenitude had to be conferred on the Central Government to set. right any illegal unfair, unjust or plainly untenable order because the proceedings under the Act. were not adversary in form and character which may. lead to the one or the other party approah ing \he Central Governmeflt to set right the matter. If a displaced person obtains allotment from the_ compensation pool, to which be was not entitled, certainly .the Central Government would hlrdly come to know in the absence of any opposite party or' adversary drawing attention of the Central Government to such " unjust enrichment. Therefore, Parliament coaferred a very wide power of revis10n on th_e Central Government. to reopen any proceeding or order under the Act. This was hardly dispute'd . .

 It was, however, contended that a power of revision cannot be r_epeatedly exercised and there must be attached finality to the orders. This submission would necessitate an examination in depth of the nature and extent of powr conferred by Sec. 33. But 'in the facts of the preent case we consider it unnecessary to undertake this exercise. We would proceed on the assumption that . Sec. 33 does not provide a reservoir of power from which , • revisional jarisdiction can be exercise.cl more than once in respect

of the same order or the same proceeding. In this view of the matter the decision in Everest Apartments Co-operative Housmg Society Ltd. v. State of Maharashtra and OrS. ('l is hardly of any assistance.

The question that would. squarely arise is : whether on an earlier occasion, hat\ the Central Governn1ent exercised any" revi- -sional power conferred by Sec. 33 in respect of the order dated August 21, 19~1 by the Chief Settlement Commiss_ioner by which the llepartmental reference was rejected and "the Chief. Settlement Commissioner had upheld the allotment of land in. favour of fiarnam Singh and bis sons.

O> [196~] 3 s.c.R. 365.

404.

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Mr. P.P. Rao, learned counsel for the resllondents strenuously urged that the lette.r of Shri N.P. Dube dated May 31, 1963 is a Mcision recorded by the Central Government in exercise .of the power conferred by Sec. 33 in respect of \he . proceeding in which allotment made in favour of Harnam Singh and his sons was upheld by the Chief Settlement Commissioner and therefore, the order of the Chief Settlement Commissioner dated August 21, 1961 . became final and could not be the subject matter of a revision second iime, under Sec . .33 of the Act. There is no. substance in this contention.

It needs to be recalled that the decision of the Chief Settle . ment Commissioner dated August 21, 1961 was wholly in favour

of Harnam Singh and his sons. Atleast Harnam Singh ahd his sons could not be said to be persons agglleved bf tlie order SQ as to move the Central Government invoking its revisional power under Sec. 33. Mr. Rao however, contended that the rej:>resen tation Annexure •ty dated March 13 of Harnam Singh reveals that he apprehended that the case. may be reopened and therefore, by , his representation h~ moved the Central Governnientoto affirm or. confirm the decision .of the Chief Settlement Commissioner , dated August 21, 1961. We remain unimpressed. If every litigant in whose favour a competent authority has. made an order ca~ still approach the higher authority for the affirmance of the order without any rhyme of reasoµ, the whole gamut of power of revisional jurisdiction would become a play thing for alreaQ.y_ successful party who may' foreclose the decision and when needed can successfully urge that the power of revision is exhausted. Fur ther, assuming Harnam Singh made the representation apprehending danger to his allotment, the letter of Mr. Dube dated May 31, 1963 does riot record any decision of the Central Government. It merely says that it is not necessary to wait any more for response to the queries addressd to authorities in Pakistan and the matter should be fiiria!ised cm the basis of finding acrived at in the case. It further proceeds to aver that there is a feeling that thre is no reason to differ from those judicial pronouncements at 'this stage'.

Sucl; t expression of feeling could hardly tentamount to a decision of the Central Government under Sec. 33. It is not for a moment sugg@sted that the decision. of the Central Government hasto be recorded in atiy particular form. In D.N. Roy and S.K. B_annerjee & Ors. v. State of Bihal"& Ors. (1) a letter adpressed by Under Secretary to the Government of Judi& to a particular person


• \JNiON v. AVTARSiNGll (Desai, J.) •

' Stating therein 'that with reference to the application of thee-add

ressee on the subject noted, he was directed to say . that after careful consideration the Central Government by the letter rejects the revision application as being time-barred' was treated as a decision of the Central Government. This calls for no comments because the letter is self-explanatory. There is nothing ip Shri Dube's letter remotely comparable with the letter in the afore . mentioned case. On the contrary the Central Government infor

med the Government of Punjab that •the record is returned .with the request that the ciise may be finalised as indicated in the letter.

The revf; ional power is the power of the Central Government and not of the Punjab Government. The deci; ion was left to the Punjao Government: There was nothing pending with the Punjab Government for finalisation.

Therefore, the High Court. was clearly in error in treating the letter of Shri Dube dated May 31, 1963 as a decision of the Central Government jn exer. ise of the power conferred by Sec. 33. There was no reason for decision nor any occasion for the Central Goven, iinent to exercise power under Sec. 33 and therefore, it is nol possible to agree with the High . Court that the letter records the decision of the Central Government under Sec. 33. If the letter of Shri Dube is not a decisiOn of the Central Government under Sec. 33 of the Act, as a neces sary corollary, the impugned docision .must tie treated as one rendered for the first time in exercise of the revisional power under Sec. 33, and therefor.e, it cannot be said to be one without jurisdiction. In this view of the matter, th(appeal will have ti> be alloVLed. ·

Mr. Bindra, learned counsel who appeared for some of the respondents made a strenuous effort to persuade us to look into the equities of the case. "rn fact, we are wholly disinclined to undertake this exercise of evaluating facts or evidence in a petition for a writ of certiorari. Further in the impugned decision the fac!s as appearing from the record and submissions made by the learned counsel for claimants are exhaustively dealt with and ho cse for interferente is made out. Only two aspects howevr may be referred to,

Hamam Singh claimed to be the owner of 225 acres of land situated in erstwhile Sind Province .. In the first claim lodged by him, he clearly stated that h•; was the owner of 300 acres. He then modified it to 221 acres. In neither of the two claims he ever . ' suggessed that there was a partition between him and his sons also giving a share to his wife. The story of partition clearly appears

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to be an fter t.hought because it is helpful in obtaining . higher allotment. No documentary evide, nce has been placed on record .to supportthe case of partition which clearly appears to have been an after thought. Earlier .tamabandi entries from Pakistan permitted a negative. inference that there was no partition. The Central Governmens while setting aside the order pf. the. Chief Settlement Commissioner dated August 21, 1961 recorded the. fin'ding that : (i) there is no writing or deed of partition : (ii) Revenue records show the name of Shri Hamall] 'Singh alone. on.the basis of the sale ded in his exclusive name : (iii) there are no receipts indicating s'epar.ate payment of land revenue by any' one of the respondents after alleged partition; (iv) .no objection w11s taken by the sons at the time of the filing of. the claim by the. father;

(v) there is .no mention .of individuals •hare in the claim filed by the father; These are relevant considerations which wonl<l certainely throw doubt on the claim of oral partition alleged to _ ·.have been effected by Haniam Singh: Once the allegation of oral partition.is rejected, the respondents are not entitled io arty consi- . deration even on equitable. "grounds, ..

In°fho concluding . stages of the arguments the .respondents contended that Harnam Singh has died and his heirs ha.vi11g ii.ot been substitued, the appeal has abated. T!\ere is no merit in this contention. Harnam singh was not the petitioner before the high Court.

He was respondent No,. 2. No relief was claimed against him. Further Hamara Sillgh was not asked to surrender tlje ljlnd.

Petitioners before the Hi, gh Court were adverself affected by the . impugned dec.isiori. Death of Hilrnatn Singh would therefore, have no impact on this appeal. . Therefore, the contenti9, n is rejected.

In view. of the above discussion, this appeal is allowed and the judgment and the order of the learned Single judge dated October 4, 1966 in Civil Writ No. 1242 of 1965 as also the judg- ment aud order in.LP.A. No. 384 of 19.66 dated May 22, 1969 of the same High Court are quaslfed and set aside and the. decision of the Central Government dated March 15, 1965 is resiored with n0 order as to costs throughout.

H. S. K.