CHANDRA BHAN SINGH versus LATAFAT ULLAH KHAN & ORS.

CHANDRA BHAN SINGH versus LATAFAT ULLAH KHAN & ORS.

Competent Officer under the Evacuee Interest (Separation) Act, 1951 does not have statutory power to review his own orders. But when the respondents unlawfully invoked the review jurisdiction for their advantage, their conduct disentitled them to relief in writ jurisdiction. Thus, the High Court erred in ignoring the conduct of the parties, and the writ petition should have been dismissed.

Parties
Appellant: Chandra Bhan Singh; Respondent: Latafat Ullah Khan; Respondent: Mohammad Sharafat Ullah Khan; Respondent: Shaukat Ullah Khan; Respondent: Aman Ullah Khan; Respondent: Habib Ullah Khan; Respondent: Nasar Ullah Khan
Jurisdiction
India
Judgment Date
19 September 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of the Allahabad High Court Dated 16 12 1966 in S.c.a. No. 346/66
Outcome
Appeal allowed
Legal Topics
Evacuee Interest (separation) Act, 1951 Review Powers, Jurisdiction of Competent Officer, Practice and Procedure in Writ Petitions
Property Law Administrative Law Constitutional Law Evacuee Interest (separation) Act, 1951 Review Powers Jurisdiction of Competent Officer Practice and Procedure in Writ Petitions

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Parties

Chandra Bhan Singh

Appellant

Latafat Ullah Khan

Respondent

Mohammad Sharafat Ullah Khan

Respondent

Shaukat Ullah Khan

Respondent

Aman Ullah Khan

Respondent

Habib Ullah Khan

Respondent

Nasar Ullah Khan

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of the Allahabad High Court Dated 16 12 1966 in S.c.a. No. 346/66

Legal Issues

  1. 1 Whether Competent Officer under the Evacuee Interest (Separation) Act, 1951 has power to review his own orders
  2. 2 Effect of conduct of parties on grant of relief in writ petitions
  3. 3 Jurisdictional bar under Section 18 of Evacuee Interest (Separation) Act, 1951

Ratio Decidendi

Competent Officer under the Evacuee Interest (Separation) Act, 1951 does not have statutory power to review his own orders. But when the respondents unlawfully invoked the review jurisdiction for their advantage, their conduct disentitled them to relief in writ jurisdiction. Thus, the High Court erred in ignoring the conduct of the parties, and the writ petition should have been dismissed.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court dated February 26, 1964 is set aside.
  • Writ petition is dismissed.