Case Note & Summary
The dispute arose from appeals concerning the interpretation of Section 27 and Section 55 of the Administration of Evacuee Property Act, 1950. The Custodian of Evacuee Property, U.P. had ordered the transfer of a property to an individual, which was approved by the Assistant Custodian General. The State of U.P. filed a revision application against this order, which was dismissed by the Custodian General on the grounds of maintainability. Subsequently, the State filed a writ petition in the High Court, which was heard alongside two other petitions. The High Court ruled that the Custodian General could exercise revisional jurisdiction over the original order, leading to the remand of the case for a fresh decision. The Supreme Court, however, found that the Custodian General could not revise an order that had already received approval from his delegate, as this would constitute an improper exercise of power. The court referenced a precedent to support its conclusion that the revision application was incompetent. Consequently, the Supreme Court set aside the High Court's order and remanded the writ petitions for a fresh examination of the original orders on their merits, emphasizing the need for a timely resolution by the High Court.
Headnote
A) Administrative Law - Revisional Jurisdiction - Custodian General's Power to Revise - Administration of Evacuee Property Act, 1950, Section 27 - The Custodian General could not revise an order approved by his delegate as it would amount to an exercise of review power not permitted under the Act. The court held that the revision application was incompetent and could not be maintained (Paras 1-4).
Issue of Consideration
Whether the Custodian General could revise an order already approved by his delegate under the Administration of Evacuee Property Act, 1950.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order, and remanded the writ petitions for a fresh decision on the merits of the original orders dated 11.11.1982 and 18.11.1982.
Law Points
- Interpretation of statutory provisions
- revisional jurisdiction
- delegation of powers
- maintainability of revision applications
