9911796707
TMI Blog1997 (8) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... tution allowed. Issue notice limited to the question of the interpretation of Section 27 read with Section 5 of the Administration of Evacuee Property Act 1950, returnable on December 6, 1996 indicating that the matters may be finally disposed of or the miscellaneous stage itself. No stay. 2. Consequently, we will be concerned only with this short question. Few relevant facts leading to these appeals deserve to be noted to appreciate the nature of the controversy posed for our consideration. 3. By an order dated 11th November, 1982, the Custodian of Evacuee Property, U.P. functioning under the provisions of Administration of Evacuee Property Act, 1950 (hereinafter referred to as 'the Act') ordered that Kothi No. 183, Civ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade and directions were given in the said common order. It is thereafter that the aggrieved parties have challenged the said common order in these appeals by special leave. 4. Now it is to be appreciated that when the Custodian passed the original order, he was exercising his jurisdiction Under Section 10 of the Act, Sub-sections (1) and (2)(o) of which read as under: 10. Powers and duties of the Custodian generally.--(1) Subject to the provisions of any rules that may be made in this behalf, the Custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustodian General himself acting through his delegate. Once that happened the moot question arises whether such an order can be revised by the Custodian General in exercise of his revisional powers Under Section 27 of the Act which reads as under: 27. Powers of revision of Custodian-General.--(1) The Custodian-General may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding in which any Custodian has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit: Provided that the Custodian-General shall not pass an order under this sub-section prejudicial to any pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court speaking through Sarkar, J., for the majority had to consider whether the appellate jurisdiction conferred on the State Government Under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, could be invoked for challenging the order passed by a delegate of the powers of the State who as a delegate had exercised the very same jurisdiction Under Section 41(1) on behalf of the State. Answering this question in the negative, it was held by majority of the Constitution Bench that Section 42 did not empower the State Government to interfere with an order passed by an officer to whom the power to hear appeals filed Under Section 21(4) had been delegated by it Under Section 41(1). That the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which can be passed in the interest of justice is to remand these writ petitions for a fresh decision of the High Court on the alternative prayer, namely, whether the original order dated 11-11-1982 and the consequential order of 18-11-1982 passed by the Custodian were justified on merits or not. In the result, these appeals are allowed to the aforesaid extent only and the common order passed by the High Court is set aside and all the three writ petitions are restored to the file of the High Court with a request to consider the legality and propriety of the impugned orders dated 11-11-1982 and 18-11-1982 passed by the Custodian of Evacuee Property and as approved by the Assistant Custodian General of Evacuee Property. It is made clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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