# SHRI MITHOO SHAHANI AND ORS v. UNION OF INDIA AND ORS

- **Citation:** [1964] 7 S.C.R. 103
- **Court:** Supreme Court of India
- **Decided:** 1964-03-10
- **Bench:** P. B. Gajendragadkar, K. N. Wanchoo, J.C. Shah, N. Rajagopala Ayyangar Ands. M. S!Kri
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/shri-mithoo-shahani-and-ors-v-union-of-india-and-ors-3238
- **Pages:** 9

## Headnote

Evacuee Property-Land Allotted to respondents-Subsequently the same la~d allotted to appellants-Sanad issued to
appellants under the Act-Allotment in favour of the appella;1t s2t aside-Can sanad subsist when allotment set asideDisplaced Persons (Compensation and Rehabilitation) Act, 1954
(Act XLIV of 1954), s. 33.
The appellants and the five raspondents were
displaced
persons. The Deputy Custodian of Nizamabad District allotted
about 60 acres of lrnd to the five respondents. The allotment was
by way of lease. There \Vas no condition imposed upon them
that they should cultivate the lands personally. While the lease
\Vas continuing in force, the Government of India issued a Press
Note on November 13, 1953 by which they announced that they
had decided to allot evacuee agricultural land in Hyderabad
State to displaced persons whose claims for agricultural land had
been verified under the Displaced Persons (Claims) Act, 1950.
The appellants made an application in pursuance of this notification and on May 4, 1954 the land now in dispute, though under
a subsisting lease in favour of the respondents, was allotted to
them.
In the rnean time the Displaced Persons (Compensation
Jnd Rehabilitation) Act, came into force on October 9, 1954.
Under Section 20 of this Act, the Regional Settlement Com·
missioner issued Sanads in favour of appellants in respect of
these lands. Both the appellants and the respondents claimed
these disputed plots. The matter went up to the Deput,· Chief
Settlement Commissioner. He referred the case of both parties
to the Government of India for action under s. 33 of the Act.
The matter was considered under s. 33 of the Act b,· tho
Deputy Secretary in the Rehabilitation Ministry "'r.o upheld
the contentions of these respondents. The result was 'that the
allotment made in favour of the appellants was set aside. It
is the legality of this or<ler that is challenged in this appeal.
Held-(i) The order of the Central Government was covered
by s. 33 of the Act as one dealing with and rectif~;ing an error
committed in relation to a "thing done or aclion taken'' \vith
respect to a rehabilitation grant to a displaced person. Not
merely the order of the R"gional Settlement Commi,sioner
but the entire question as to whether the respondents as origional allottees by way of lease were entitl"d to the relief of
restoration was referred to the Central Government bv reason
of the order of the Deputy Chief Settlement Commissioner.
Both }he parties were heard on all the points by the Central
Government before the orders were passed and it would not
therefore be right to consider that the matter in issue before
the Central Government was namely the correctness of the
order of the Regional Settlement Commissioner, which read in
vacuo might not be comprehended within s. 39 of the Act.
(ii) It is manifest that a Sanad can be lawfully issued
only on the basis of a valid order of allotment. If an order
of allotment wh'ch is the ba•l'.s upon which a grant is made
1964
.~larclt 10
104
SUPREME COURT REPORTS
[1964)
l964
is set aside it would follow, and the conclusion is inescapable
Mitlwo Shaha . that the grant cannot survive, because in order that grant
and Othe" ·
n• should be valid, it should have been etrected by a competent
v.
o'.licer under a valid order. If the validity of that order is
Union of India and effectively put an end to, it would be impossible to maintain
Othera
unless there were any express provision in the Act or in the
rules, that the grant still stands. On the facts of this case it
was held) that where an order making any allotment was set
aside the title which was obtained on the basis of the continuance of that order also fell with it.
Ayyangar, J.
Partuma! v. Managing Officer, Jaipur, I.L.R. 11 Raj. 1121,
distinguished.
Balu;ant Kaur v. Chief Settlement Commissioner (Lands),
I.L.R. [1964] Punjab 36, approved.
av1L APPELLATE JURISDICTION: Civil Appeal No. 552
of 1963. Appeal by special leave from the order dated April

## Text

7 S.C.R.
SUPREME COURT REPORTS
SHRI MITHOO SHAHAN! AND ORS.
v.
UNION OF INDIA AND ORS.
103
[P. B. GAJENDRAGADKAR, C. J., K. N. WANCHOO, J.C. SHAH,
N. RAJAGOPALA AYYANGAR ANDS. M. S!KRI JJ.]
Evacuee Property-Land Allotted to respondents-Subsequently the same la~d allotted to appellants-Sanad issued to
appellants under the Act-Allotment in favour of the appella;1t s2t aside-Can sanad subsist when allotment set asideDisplaced Persons (Compensation and Rehabilitation) Act, 1954
(Act XLIV of 1954), s. 33.
The appellants and the five raspondents were
displaced
persons. The Deputy Custodian of Nizamabad District allotted
about 60 acres of lrnd to the five respondents. The allotment was
by way of lease. There \Vas no condition imposed upon them
that they should cultivate the lands personally. While the lease
\Vas continuing in force, the Government of India issued a Press
Note on November 13, 1953 by which they announced that they
had decided to allot evacuee agricultural land in Hyderabad
State to displaced persons whose claims for agricultural land had
been verified under the Displaced Persons (Claims) Act, 1950.
The appellants made an application in pursuance of this notification and on May 4, 1954 the land now in dispute, though under
a subsisting lease in favour of the respondents, was allotted to
them.
In the rnean time the Displaced Persons (Compensation
Jnd Rehabilitation) Act, came into force on October 9, 1954.
Under Section 20 of this Act, the Regional Settlement Com·
missioner issued Sanads in favour of appellants in respect of
these lands. Both the appellants and the respondents claimed
these disputed plots. The matter went up to the Deput,· Chief
Settlement Commissioner. He referred the case of both parties
to the Government of India for action under s. 33 of the Act.
The matter was considered under s. 33 of the Act b,· tho
Deputy Secretary in the Rehabilitation Ministry "'r.o upheld
the contentions of these respondents. The result was 'that the
allotment made in favour of the appellants was set aside. It
is the legality of this or<ler that is challenged in this appeal.
Held-(i) The order of the Central Government was covered
by s. 33 of the Act as one dealing with and rectif~;ing an error
committed in relation to a "thing done or aclion taken'' \vith
respect to a rehabilitation grant to a displaced person. Not
merely the order of the R"gional Settlement Commi,sioner
but the entire question as to whether the respondents as origional allottees by way of lease were entitl"d to the relief of
restoration was referred to the Central Government bv reason
of the order of the Deputy Chief Settlement Commissioner.
Both }he parties were heard on all the points by the Central
Government before the orders were passed and it would not
therefore be right to consider that the matter in issue before
the Central Government was namely the correctness of the
order of the Regional Settlement Commissioner, which read in
vacuo might not be comprehended within s. 39 of the Act.
(ii) It is manifest that a Sanad can be lawfully issued
only on the basis of a valid order of allotment. If an order
of allotment wh'ch is the ba•l'.s upon which a grant is made
1964
.~larclt 10
104
SUPREME COURT REPORTS
[1964)
l964
is set aside it would follow, and the conclusion is inescapable
Mitlwo Shaha . that the grant cannot survive, because in order that grant
and Othe" ·
n• should be valid, it should have been etrected by a competent
v.
o'.licer under a valid order. If the validity of that order is
Union of India and effectively put an end to, it would be impossible to maintain
Othera
unless there were any express provision in the Act or in the
rules, that the grant still stands. On the facts of this case it
was held) that where an order making any allotment was set
aside the title which was obtained on the basis of the continuance of that order also fell with it.
Ayyangar, J.
Partuma! v. Managing Officer, Jaipur, I.L.R. 11 Raj. 1121,
distinguished.
Balu;ant Kaur v. Chief Settlement Commissioner (Lands),
I.L.R. [1964] Punjab 36, approved.
av1L APPELLATE JURISDICTION: Civil Appeal No. 552
of 1963. Appeal by special leave from the order dated April
28, 1960 of the Deputy Secretary to the Government of India,
Ministry of Rehabilitation, New Delhi, purporting to exercise the powers of Revision under s. 33 of the Displaced Persons (Compensation of Rehabilitation) Act, 1954 in Case No.
38(894) / 59 Neg. A.
With
Writ Petition No. 108 of 1960.
Petition under Art. 32 of the Constitution of India for
the enforcement of Fundamental Rights.
Achhru Ram and N. N. Keswani, for the appellants
and the petitioners.
N. S. Bindra and B. R. G. K. Achar, for respondents Nos.
1 and 2 (in both the appeal and petition).
M. C. Setalvad, K. Jairam and R. Ganapathy Iyer, for
the respondents Nos. 3 to 7 (in both the appeal and petition).
March 10, 1964. The Judgment of the Court was delivered by
AYYANGAR, J.-The appeal, by special leave, is directed to question the correctness of an· order passed by the
Deputy Secretary to the Government of India, Ministry of
Rehabilitation under s. 33 of the Displaced Persons (Compensation and Rehabilitation) Act, J 954 (Central Act XLIV
of 1954) which for convenience will be referred to hereafter
as the Act.
The facts necessary to appreciate the points urged before us are briefly these : The property in dispute is agricultural land of an extent of about 60 acres situated at Nizamabad in the former State of Hyderabad and now in the State
7 S.C.R.
SUPREME COURT REPORTS
105
of Andhra Pradesh. On September 7, 1950 the Deputy Cus1964
todian of Nizamabad District allotted 44 acres of this land Shri Mithoo Shahllni
to five persons who are the respondents before us. All these
and Othtra
five were displaced persons and were entitled to this allot- u . 1v1. d'
,
nion o
n ia a11"i
ment. By a further order dated July 21, 1951 the balance
Othtra
of the 16 acres and odd was also allotted to them. The allotment was by way of lease and one of its stipulations was
Ayyangar, J.
that the terms of the lease would be revised only after five
years. The only point that needs to be stated about the terms
of this lease is, that there was no condition imposed upon
the lessees that they should cultivate the lands personally.
While the lease was continuing in force, the Government of
India issued a press note on November 13, 1953 by which
they announced that they had decided to allot evacuee agricultural land in Hyderabad State to displaced persons whose
claims for agricultural lands had been verified under the Displaced Persons (Claims) Act, 1950. It further stated that the
allotments would be towards the settlement of claims in respect of their agricultural lands. The allotment was to be on
the same terms as under the quasi-permanent allotment
scheme in the Punjab and applications for allotment were
invited from persons residing inter-a/ia in Hyderabad State
whose verified claims included a claim for agricultural lands.
The press note prescribed the 31st of December as the last
date for the receipt of these applications. The appellants
made an application in pursuance of this notification and on
May 4, 1954 the land now in dispute, though under a subsisting lease in favour of the respondents, was allotted to
them on quasi-permanent tenure. It is not disputed that the
appellants satisfied the qualifications for making applications
under the press note and for being allotted evacuee property
thereunder. The order of allotment, a copy of which was forwarded to the Collector of Nizamabad district, contained a
request that the allottees may be put in possession of the
land and the fact intimated to the office of the Regional
Settlement Commissioner. The revenue authorities acting on
this request or direction dispossessed the respondents from
the lands leased to them and put the appellants in possession
thereof.
Thereafter, the respondents made a representation to
the Regional Settlement Commissioner, Bombay pointing out
that they were displaced persons who having been rehabilitated by the allotment by way of lease .were now being uprooted. They also pointed out that they had incurred large
expenses in improving the land and bringing it into proper
cultivation. These applications were considered by the Regional Settlement Commissioner who by his order dated
July 10, 1954 rejected their application. It is not necessary
106
SUPREME COURT REPORTS
[1964]
1964
to set out the reasons for making this order except to say
S' . ,,.1,
S' ,
. that one of them was the failure on the part of the lessees
r&TI ... u 1 noo , 1ULF1ani
•
auJ 01"""
to personally cultivate the lands. The respondents, then,
v.
moved the Regional Settlement Commissioner requesting him
Uaiun «f Iadia and to review his order and they also sought relief from the Gov01JiPr8
Ay!Jangar, ,/,
ernment of India seeking intervention in their favour.
Subsequent to this date the Act was enacted and it came
into force on October 9, 1954. Section 12 of the Act empowered the Central Government to acquire evacuee property for rehabilitation of displaced persons and in pursuanoe thereof the properties now in dispute were acquired by
Government by a notification dated January 18, 1955. During
the pendency of the proceedings by which the respondents
sought to obtain a reversal of the order dated July 10, 1954
and without reference to them, the Regional Settlement Commissioner issued sanads in favour of appellants 1 to 4 on
January 12, 1956 acting under s. 20 of the Act.
The Deputy Chief Settlement Commissioner who dealt
with the representations made by the respondents passed an
order on August 22, 1958 after obtaining .a report from the
Regional Settlement Commissioner. He pointed out in his
order that there was no indication from the papers on the
file that the land was originally leased to the respondents on
condition that they should cultivate the lands personally. He
therefore set aside the order of the· Regional Settlement Commissioner dated July 10, 1954 and remanded it for further
enquiry directing the passing of fresh orcjers after a thorough
enquiry. Thereafter a report was called for and obtained
from the Collector who conducted this enquiry and in his
report dated June 13, 1959 he recorded a finding that there
had been personal cultivation of the lands by the respondents. He pointed out that of the 60 acres comprising the
entire extent, 26 guntas were allotted on a quasi-permanent
basis to other displaced persons in 1954 and this extent was
therefore out of the controversy. It ought to be mentioned
that the order of the Deputy Chief Settlement Commissioner
which was of the date August 22, 1958 was apparently by
inadverlance passed without notice to the appellants. When
this was brought to his notice after the remand he issued
notice to them and after hearing them, referred the case to
'the Government of India for action under s. 33 of the Act.
The matter was considered by the Deputy Secretary in the
Rehabilitation Ministry who heard all the parties and recorded the following findings: (]) that the order dated July 10,
J 954 refusing to transfer the lands to the respondents was
wrong, and (2) that there was no justification for t:rminating
the lease and depriving the respondents ·of possession of the
7 S.O.R.
SUPREME COURT REPORTS
107
property now in dispute and on these findings directed the
~6_!_
sanads granted to the appellants to be revoked and t~e res- Slu·i .llilhoo .<hah•ni
pondents be put in possession of the yrop_erty. lt IS the
an:, Oflu1·s
legality of this order that is challenged m this appeal.
Unio,, of i,,,/i,, a11d
Three points were urged by Mr. Achhru Ram-learned
Counsel for the appellant: (1) that the Central Government
had no power under s. 33 of the Act to revise the order of
the Regional Settlement Commissioner dated July 10, 1954,
(2) that even assuming that that order was capable of revision, the land in dispute had been transferred to the app~l
lants irrevocably by way of quasi-permanent allotment and
sanads issued and that thereafter the title under the sanads
which had been granted in the name of the President of India
could not be disturbed except in accordance with the terrns
of the sanads, (3) that the Deputy Secretary in the Government of India had no materials before him on the basis of
which he could find that the order dated July 10, 1954 was
erroneous and required to be revised.
We shall deal with these points in the same order. Section 33 under which the order under appeal was made reads:
"The Central Government may at any time call for
the record of any proceeding under this Act and
may pass such order in relation thereto as in its
opinion the circumstances of the case require and
as is not inconsistent with any of the provisions
contained in this Act or the rules made thereunder."
In considering the argument addressed to us under this
head there are two points to be borne in mind. If the order
dated July 10, 1954 passed by the Regional Settlement Commissioner was "a proceeding under this Act" th~n obviously
there is no limitation on the power of the Central Government to pass "such order as in the circumstances of the case
was required". Of course, the Central Government cannot
pass an order which is inconsistent with any of the provisions
contained in the Act or the Rules made thereunder and subject to the objection made that after the transfer of pr<;>perty
and the grant of a sanad under s. 20 of the Act read with
r. 91(8) in the forrn speoified in Appendix,XXIV to the Rules
which is the second point raised by learned Counsel, it was
not suggested that the order now impugned was inconsistent
with any of the provisions of the Act or the Rules made
thereunder. Whether the opinion which the Central Government entertained was correct or incorrect on the evidence
would, of course, not fall for consideration by this Court in
an appeal under Art. 136 but as regards the contention that
Ut/iers
108
SUPREME COURT REPORTS
(1964]
1964
the order is iljegal or invalid as distinct from its being inBlwl Jlitlwo Shahuni correct, we shal! deal with it in considering the last of the
and Othm
arguments submitted to us by learned Counsel.
v.
lJnion of Jnaia an'!.
'Othtrs
A.yyangar, J.
It was urged that the order of the Regional Settlement
Commissioner which the Central Government revised under
s. 33 was not "a proceeding under the Act" having been
passed before the Act came into force and was therefore outsi:lc its jurisdiction under s. 33 of the Act. The answer to this
is, however furnished by s. 39 of the Act. Thal section deals
with orders passd prior to the commencement of the Act
and renders "all things done" or "action taken" in the exercise of powers conferred by or under this Act as if the Act
were in force on the date when such thing was done or action
taken. Section 39 enacts:
"Anything done or any action taken (including any
order made) by the Chief Settlement Commissioner,
Settlement
Commissioner,
Additional
Settlement Commissioners or Settlement Officers
for the purposes of payment of compensation or
rehabilitation grants or other grants to displaced
persons shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to
have been done or taken in the exercise of the
powers conferred by or under this Act as if this
Act were in force on the date on which such
thing was done or action was taken."
It was then suggested that since the order dated July IO,
1954 had merely rejected an application filed by the respondents for restoring them to possession of lands from which
they complained they had been unjustly dispossessed, it was
not "a thing done" or "action taken for the purpose of
payment of compensation or rehabilitation grants to displaced persons" so as to be deemed to be taken under the
provisions of this Act. The same point was urged in a slightly
different form by saying that even if the Central Government could interfere and set aside the order of the Regional
Settlement Commissioner <lated July 10. I 954 still they
could not direct the cancellation of the sales and grants of
sanad.1· to the appellants and that as this was not a matter
pending before them, the order in so far as it directed the
cancellation of the rnnads and the dispossession of the appellants from the disputed property was without jurisdiction.
We do not sec any substance in the points stated in either
form. Jn the first place, even if learned Counsel is right in
submitting that the Central Government should have stopped
with setting aside the order dated July 10, I 954 the result
would have been the same, because the prayer which was re·
jected by the Regional Settlement Commissioner when he
7 S.C.R.
SUPREME COURT REPORTS
109
p1ssed that order was that contained in an application by the
1964
respondents that they should be restored to the possession Shri Mi!Two Slwhani
of the lands from which they had been dispossessed. If that
and Oth£r.
prayer had to be granted on the reversal of the order dated u .
if I" a·
d
July 10, 1954 it would inevitably have meant that the appel·
"'°"ou.e~•"""
!ants should have been deprived of possession which is
exactly what the order now impugned has directed. As the
Ayyangar, J.
dispossession of the appellants was consequential on the setting aside of the order dated July IO, 1954 the appellants
do not obtain any advantage by raising the contention that
the Central Government should have confined itself to setting aside that order and doing nothing more. Besides, this
submission proceeds from not appreciating the matters that
were the subject of consideration before the Central Government and were considered by them at the time when the
impugnd order was passed. The facts were that there had
been an a!Iotment by way of lease as a rehabilitation grant
to persons who were admittedly displaced persons in 195051. It was "th:s thing done" that had been upset in 1954 and
which was restored by the order of July, 1954 being set aside
by the order under s. 33 of the Act. In substance and effect
therefore the impugned order was dealing with and rectifying an error committed in relation to a "thing done or
action taken" with respect to a rehabilitation grant to a displaced person. Not merely the order dated July 10, 1954
but the entire question as to whether the respondents as original allottees by way of lease were entitled to the relief of
restoration was referred to the Central Government by reason
of the order of the Regional Settlement Commissioner dated
November 3, 1959 .. Both the parties were heard Qn all the
points by the Central Government before the orders were
passed and it would not therefore be right to consider that
the matter in issue before the Central Government was
technically merely the correctness of the order of the Regional
Settlement Commissioner dated July IO, 1954, which read
in vaC110 might not be comprehended within s. 39.
The next point that was urged was that the appellant
had been granted sanads on January 12, 1956 and that their
sanads could not be cancelled and the title acquired thereunder displaced except in accordance with the terms of the
sanads. The term of the simad which is relevant and which
was referred to as the sole ground on which it could be set
aside and the title of the appellants displaced reads:
"It shall be lawful for the President to resume the
whole or any part of the said property if the
Central Government is, at any time, satisfied and
records a decision in writing to that effect (the
decision of the Central Government in this behalf
llO
SUPREME COURT REPORTS
'
(1964}
1964
Shri Mithoo 8hahani
and Others
being final) that the transferee or his predecessorin-interest had obtained or obtains any other
compensation in any form whatsoever under the·
said Act by fraud or misrepresentation."
v.
Union of India and
Others
It is not disputed that this condition has not been fulfilled but the question, however, is whether when the order
of allotment on the basis of which the property was granted
to the appellant and the sanad issued, is itself reversed or set
aside can the sanad and the title obtained thereunder survive? On this point there are two decisions to which our
attention was invited-the first is a decision of the High
Court of Rajasthan in Partumal v. Managing Officer, Jaipur('), being a decision of a Full Bench of that Court. That
case was concerned with the construction of s. 24 of the
Act which deals with the power of the Chief Settlement Commissioner to revise orders passed by a Settlement Officer.
Assistant Settlement Officer, Assistant Settlement Commissioner, Additional Settlement Commissioner etc. The relevant
part of the head-note brings out the point of the decision.
It reads·:
-.-
.Ayyangar, J.
"Section 24 of the Displaced Persons (Compensation
and Rehabilitation) Act, 1954, no doubt confers
very wide powers of revision on the Chief Settlement Commissioner, but it does not authorise
cancellation of sales after they are completed.
No doubt, allotments can be set aside under s. 24
of the Act, but after such allotments ripen into
sales, they cannot be cancelled. The Chief Settlement Commissioner, but it does not authosioner exercising his power has no authority to
cancel sale of property and an order of cancellation of sale of· property is without jurisdiction
and invalid. It would be too much to read in s. 24
of the Act to hold that it extends to cancellation
of sales by expressly providing for cancellation
of allotments. The execution of a sale deed cannot be regarded as only a formal expression of
an order of allotment dependent on its subsistence."
Subsequent to this decision· a case arose before the High
Courttof Punjab: Bal want Kaur v. Chief Settlement Commissioner (Lands)(') and a Full Bench of that Court by a
majority dissented from this view and held that where an
order making an allotment was set aside the title which was
obtained on the basis of the continuance of that order also
fell with it. We are clearly of the opinion that the judgment
(') I.L.R. 11 Rajasthan 1121.
(') 1.L.R. [1964] Punjab 36.
7 S.C.R.
SUPREME COURT REPORTS
111
of the Punjab High Court is correct. The relevant provisions of
1964
the Act and the Rules have all been set out in the decision of Skri M'llShaha ·
the Punjab High Court and we do not consider it necessary
~ndOthera ••
to refer to them in any detail. It is sufficient to say that they
.
'· . ml
do not contain any provision which militates against the posi- Union ~f;~·· a
tion which is consistent with principle and logic. It is manifest that a sanad can be lawfully issued only on the basis of
Ayyan9ar, J.
a valid order of allotment. If an order of allotment which is
the basis upon which a grant is made is set aside it would
follow, and the conclusion is inescapable that the grant cannot survive, because in order that that grant should be valid
it should have been effected by a competent officer under a
valid order. If the validity of that order is effectively put an
end to it would be impossible to maintain unless there were
any express provision in the Act or in the ruks that the grant
still stands. It was not suggested that there was any provision
in the Act or in the rules which deprives the order, setting
aside an order of allotment, of this effect. We do not therefore
consider that there is any substance in the second point
urged by learned Counsel.
·
The last of the points urged was that the Deputy Secretary who passed the impugned order had no materials upon
whi~h he could find that the order dated July 10, 1954 was
erroneous or justified being set aside. Learned Counsel is not
right in this submission because if the respondents were
entitled to remain in possession of the property originally
leased to then\ by way of· allotment and their leasehold
interest had not been validly terminated-a fact which on the
materials the Deputy Secretary was competent to find-the
order that he passed restoring them to possession could not
be said to lack material. We consider therefore that there is
no merit in this submission.
The result is that the appeal fails and is dismissed with
costs.
Writ Petition 108 of 1960:
This petition under Art. 32 of the ConstitLl'tion has been
filed by the appellants in Civil Appeal 552 of 1963 and seeks
the issue of a writ of certiorari to quash the same order of
the Deputy Secretary to the Union Government as that whose
legality is challenged in the appeal. Both the Writ Petition
as well as the application for special leave came on for preliminary hearing on November 30, 1960 and while the leave
prayed for was granted, rule nisi was also issued in the petition and the two matters have been heard together. In view
of our decision in the appeal, the writ petition will stand dis·
missed, but there will be no order as to costs.
Appeal and Writ petition dismissed.
~--