BEHARI KUNJ SAHKARI AWAS SAMITI AND ANR. versus STATE OF U.P. AND ORS.

Citation: [1997] SUPP. 3 S.C.R. 460 · Decided: 14-08-1997 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
BEHAR! KUNJ SAHKARI A WAS SAMIT! 
ANDANR. 
v. 
STATE OF U.P. AND ORS. 
B 
AUGUST 14, 1997 
[S.B. MAJMUDAR AND S. SAGHIR AHMAD, .TJ.] 
Administration of Evacucee Property Act, 1950-Sections 10, 27, 
55--Exercise of Revisional jurisdiction-Order passed by delegate of Cus-
C todian General-Whether, revisi_on lies before Custodian General-Held, no, 
as it would amount to review. 
The custodian Evacucee Property U.P., under the Administration of 
Evacuee Property Act, 1950 ordered transfer of a property in favour of one 
D Harnath Chaturvedi. The said order got proved by the Assistant Cus-
todian General, U.P. in whose favour, the Custodian General, U.P. had 
delegated his powers under section 55 of the Act. Against the said order, 
the State of U.P. filed Revision Application before the Custodian General 
of Evacucee property. The Custodian General held that as his delegate had 
already approved the order sought to be revised, he could not exercise the 
E revisional jurisdiction against the same order and dismissed the applica-
tion as not maintainable. On a Writ Petition filed by Respondent State of 
U.P., the Division Bench of the High Court held that the revisional juris-
diction under section 27 could be exercised by the Custodian General 
against the Custodian and consequently the proceedings in revision were 
F remanded for fresh decision on merits. Hence this appeal. 
Allowing the Appeals, this Court 
HELD : 1. When the impugned order of the Custodian was already 
approved by the Custodian General's delegate, the very same delegating 
G authority, namely, the custodian General could not undertake the exercise 
of being satisfied whether such an approved order of his delegate was legal 
or proper as that would amount to an exercise of review power which does 
not flow from the four corners of section 27 of the Act. [464-B] 
H 
Roop Chand v. State of Punjab, (1963] Supp. 1 SCR 539, referred to. 
460 
c
( 
B.K. SAHKARI AW AS SAMIT! v. STA TE (S. B. MAJMUDAR, J.] 
461 
2. The revision application moved before the Custodian General is A 
clearly incompetent. It was rightly held not maintainable by the Custodian 
General. The view of the High Court that the Custodian General could still 
revise the order is unsustainable. The proceedings in revision as filed 
before the Custodian General under section 27 of the Act by the State were 
clearly incompetent. [ 464-C, H; 465-A] 
3. The common order passed by the High Court is set aside and all 
the writ petitions are restored to the file of the High Court with a request 
to consider the legality and propriety of the impugned order passed by the 
Custodian of Evacucee Property. [465-F] 
B 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5631-
C 
5633 of 1997. 
From the Judgment and Order dated 16.1.96 of the Allahabad High 
Court in C.M.W.P. Nos. 16775/85, 9162 and 9386 of 1987. 
K. Parasaran, P.R. Tiwary, M.P. Shorawala, Satish Agnihotri and D 
M.C. Dhingra for the appearing parties. 
The Judgment of the Court was delivered by 
S.B. MAJMUDAR, J. Leave granted. 
By consent of learned advocates, all these appeals are heard finally. 
Short question involved in these appeals is indicated by order dated 4th 
October 1996 while issuing notice in the main S.L.P. The order reads as 
under: 
"Application for substitution allowed. 
Issue notice limited to the question of the interpretation of 
Section 27 read with Section 55 of the Administration of Evacuee 
Property Act, 1950, returnable on December 6, 1996 indicating that 
the matters may be finally disposed of on the miscellaneous stage 
E 
F 
itself. 
G 
No stay." 
Consequently, we will be concerned only with this short question. 
Few relevant facts leading to these appeals deserve to be noted to ap-
preciate the nature of the controversy for our consideration. 
H 
462 
SUPREME COURT REPORTS [1997] SUPP. 3 S.C.R. 
A 
By an order dated 11th November, 1982, the Custodian or 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, Civil Lines, Agra be transferred in favour of Shri 
Harnath Chaturvedi, son of Shri Kanhaiya Lal at auction price of Rs. 
61,000. That order was submitted to the Assistant Custodian General of 
B Evacuee Property for his approval on fhe day. The said order got approved 
by the Assistant Custodian General, U.P. Against this order the State of 
U.P. filed a Revision Application under Sectio
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