The court held that the question of whether the property is evacuee property or State Government property is a highly disputed question of fact and cannot be decided under Article 226 of the Constitution of India.

1. - In these 28 writ petitions common questions of law and facts are involved and, therefore, they are being disposed of by a common order.

2. These rules have been directed against the orders of Revenue Tehsildar holding the petitioners to be trespassers on the land and refusing to mutate the names of the petitioners in the record.

3. The petitioners were allotted the land in question under the Administration of Evacuee Property Act, 1950 by the Custodain, who is incidentally respondent No. 2, Settlement-cum-Managing Officer (Collector), Sri Ganganager and get Sanads. Thereafter a letter was sent to the Tehsildar Revenue, Anoopgarh to mutate the lands of the petitioners. It is not stated in the petitions that when the applications for mutation were sent to the Tehsildar, the petitioners received notices purporting (o be made under Section 22 of the Rajasthan Colonisation Act, 1954 and the petitioners put in appearance stating therein that the lands were not Government lands and the same stand allotted to them vide Sanad Ex. I and they were allotted the land by the Custodian Department in pursuance to Sanad issued to them by the Custodian Department. However, it appears that thereafter the petitioners came to know that they were declared trespassers over the lands in dispute, which are subject matter of these petitions. Thereupon the petitioners got the copies of the orders and filed writ applications.

4. It is alleged that the petitioners were allotted land by the Custodian, respondent No. 2 The petitioners filed applications and prayed that respondent No. 4 may be persuaded not to take any action under Section 22 of the Rajasthan Colonisation Act, 1954 regarding the lands in dispute and further reliefs including one that the petitioners names may be mutated and the respondents be restrained from dispossessing the petitioners from the lands in question were made. Rules were issued and status quo as regards possession was ordered to continue on giving solvent security for payment of mesne profit at the rate of Rs. 150/- per bigha per agricultural year and two months' time was allowed to the petitioner for furnishing security. This order in writ petition No. 69 of 1982, Kishan Singh v. State of Rajasthan and Ors. was made on May 5, 1982. Whether this security has been given or not, it is not found from the record.

5. Mr. Sharma, however, contended that he has given the security, but Mr. Additional Advocate General, of course, denies this security. Assuming for a moment, the security has not been furnished, ad-interim stay order passed stood automatically vacated as far back as in 1982. Therefore, however, if otherwise the interim order continues pending the hearing of the rule.

6. Affidavit in opposition was filed by the respondents including the Custodian, wherein it was stated inter alia that the whole basis of the case is the forged Sanads alleged to have been issued in favour of the petitioners by the District Rehabilitation Officer, Sri Ganganagar, who had issued verification stating that the Sanads are forged and are not genuine. It is further stated that the lands in questions are not the lands belonging to the Custodian Department and they were Government lands and they were reserved for allotment to Pong Dam ousteds of evacuees from the project of Pong Dam of Himachal Pradesh. It is, however, stated, the allotments were later on cancelled due to the breach of conditions by Pong Dam Evacuees. It is stated further that the lands in dispute were lying vacant upto Samwat Year. 2037 and in Samwat Year 2038 the petitioners the passed over the lands and so they were declared trespassers under Section 22 of the Rajasthan Colonisation Act, 1954, after considering the objections filed by the petitioners. It is further alleged that in some cases, I am hearing a bunch of them, first information reports were filed by the Government before the Police alleging forgery by some of the persons, which are pending. On these grounds