RANAWAT, J.—This is an application under Art. 226 of the Constitution of India by Partumal and his son Lakhmichand against the Managing Officer, the Regional Settlement Commissioner and the Settlement Commissioner for a writ of certiorari quashing the order of the Settlement Commissioner Respondent No. 2 dated the 10th January, 1961 by which the transfer of the portions of property No. A.M.C.XIX/n86(Old), A.M.C. No. XLX/501 (new situated at Ajmer in favour of the petitioners and some others was cancelled and also for a writ of prohibition restraining the opposite parties from resuming the said property and reauctioning the same.

2. This petition came up for hearing before a Division Bench of this Court, one member of which felt that the two Bench decisions of this Court in Doongar Das and another Vs. Custodian, Rajasthan and another(1) and Govind Ram Vs. Regional Settlement Commissioner, Rajasthan, Jaipur(2) require to be reconsidered in the light of the latest decision of the Supreme Court in Lt. Colonel Khajoor Singh Vs. Union of India and another(3) and the following point was, therefore, referred by that bench to a Full Bench: —

"Whether this Court has territorial jurisdiction to take cognizance of cases where orders sought to be set aside had been passed by certain authorities outside the territorial jurisdiction of this Court."

3. Honble the Chief Justice felt that the other point that was involved in this case was also of equal importance and he, therefore directed that the whole case be referred.

4. The petitioner Partumal and his son Lakhmichand are displaced persons from West Pakistan. They occupied the first and third floors of property No.A.M.C. XIX/1186 (Old)-A.M.C. No.XIX/501 (New) situated at Ajmer since 1st January, 1948 under occupation report No. 7721 of the 12th of August 1948 in the name of the petitioner No. 1. The said property belonged to one Anwarul Haq who migrated to Pakistan. This portion of the property was allotted by the Custodian of Evacuee Property, Ajmer, by his order No. 1815/2415 dated 2nd April 1949 in the name of the petitioner No. 1. The other portions of the property were allotted to the persons respectively in occupation thereof. On the 9th of October 1958 the petitioner No. 2 applied to the Managing Officer, Ajmer, for allotment of the entire residential portion of the said property and on the 4th of December 1958 all the occupants of the said property gave consent for allotment of the respective portions of the property in their occupation to them and the Managing Officer, Ajmer, in pursuance thereof agreed to sell the portion of the property which was in the tenancy of the petitioners to petitioner No. 2 for a consideration of Rs. 4600/- by his letter dated the 3rd March 1959. The petitioner No. 2 deposited Rs. 920/- in cash on the 2nd of March 1959 as part payment of the consideration money. He offered verified claims of his associates for an amount of Rs. 3680/- being the balance of the consideration money and the said claims were adjusted towards the price of the property on the 16th of August 1959 and in this way the entire amount of the consideration money was paid off. On the 24th of December 1959 the Managing Officer acting on behalf of the President of India granted a deed of conveyance in the name of the petitioner No. 2 for the entire first and the third floor of the property that was already in his occupation. On the 12th of December 1959 Hemandas, to whom the second floor of the property was transferred, preferred an appeal to the Regional Settlement Commissioner, Jaipur, claiming transfer of the third floor of the property in his name. During the pendency of the said appeal, the matter was referred by the Regional Commissioner, Jaipur to the Chief Settlement Commissioner, Delhi in his administrative capacity and the Settlement Commissioner, Delhi, in exercise of the powers delegated to him by the Chief Settlement Commissioner, set aside the transfer of the said property to th

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