Important Point
There is no distinction between original and revisional order. Even if an order is a nullity, it has to be challenged.

Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Order passed by Division Bench of the Allahabad High Court dismissing several writ petitions. Three writ petitions were filed by the State of Uttar Pradesh through Secretary, Revenue Department, Smt. Lalita Chaturvedi and Ors. and by G.C. Mittal. These writ petitions were numbered as Civil Misc. Writ Petition Nos.16775 of 1985, 9162 of 1987 and 9386 of 1987 respectively.

2.In these three civil writ petitions, the disputed subject matter is Khasra No. 519, village Surjepur, Agra whose total area is four bighas one biswa which is recorded as property of Abdul Wahid in revenue record. At the time of division of the country, Abdul Wahid had migrated to Pakistan in 1947-48 and his aforesaid property, (Khasra No. 519, village Surjepur, total area four bighas one biswa) was declared as evacuee property and under Administration of Evacuee Property Ordinance, 1949 (Ordinance No. 1 1949) it vested in the Custodian of Evacuee Properties. Later on the said ordinance was substituted by Administration of Evacuee Property Act, 1950 (in short the ‘Act’) and then this property was deemed to have vested in the Custodian as an Evacuee Property under the said Act. The entire property was given in the tenancy of Harnath Chaturvedi and Gurudatt Chaturvedi by Order of Addl. Asstt. Custodian in 1949 for which rent was payable at the rate of Rs.50/- per month by Harnath Chaturvedi with effect from 1.7.1949 and from the same date at the rate of Rs.25/- per month was payable by Gurudatt Chaturvedi. The portion which was given in the tenancy of Gurudatt Chaturvedi was later on given to Addl. Asstt. Custodian Shri Mehrotra by Asstt. Custodian, Evacuee Property, Agra on 22.9.1953. Shri Mehrotra died. On 18.8.55, this entire property of four bighas one biswa, on which there was a kothi, garden and appurtenant land, was auctioned under the provisions of Displaced Persons (Compensation & Rehabilitation) Act 1955 (in short the ‘Displaced Persons Act’) and it was given to the displaced person Tuljaram on the highest bid of Rs.61,000/-. Tuljaram made payment of that money by adjustment of compensation. Accordingly, sale certificate of this property was made in favour of Tuljaram. Against this auction, Harnath Chaturvedi made an application under Rule 92 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 (in short ‘Displaced Persons Rules’) before the Managing Officer, Agra in which he made a claim claiming himself to be a tenant in respect of a part of land of the entire area of four bighas one biswa which, apart from kothi, was land. The contention of Harnath Chaturvedi was that it was an agricultural land upon which he has acquired rights of hereditary tenancy and used to pay rent to the Zamindar and after this property was vested in the Custodian, the rent was being paid to the Custodian. Further Harnath Chaturvedi contended that Abdul Wahid was only a Zamindar of this property and only Zamindari rights had vested in the Custodian and only the kothi was auctioned and not the agricultural land because he continues to be in peaceful possession over the agriculture land. Managing Officer rejected this application by his Order dated 27.5.1955. By Government letter dated 4.6.1955 of Government of India, all urban immovable properties within corporation, municipality and notified committee areas, within the State of U.P., were acquired on 15.8.1947 and it was declared that whatever urban immovable property has been declared as “Evacuee Property”, it all shall vest in the Central Government. As the disputed subject matter came within the area of Agra municipality, that is why it all vested in the Central Government. Harnath Chaturvedi filed an appeal before Asstt. Settlement Commissioner, U.P. against the Order rejecting of his application dt. 27.5.1955 by Managing Officer, Agra. This appeal was rejected by Asstt. Settlement Commissioner by Order dated 17.10.1960. Against this reje