Gurbachan Singh and others vs Financial Commissioner and others

Alok Singh J.—Learned counsel for the petitioners has fairly stated that the petitioners are in possession over the property, which is evacuee property under the control and management of the Central Government, however, the State Government has wrongly auctioned the property, owned and controlled by the Central Government.

On being asked, as to how the petitioners are in possession of the property in question, learned counsel for the petitioners has fairly stated that the petitioners are in long standing possession of the evacuee property in question and do not have either lease or license or any authority in their favour. On being asked, as to whether the petitioners are entitled to protect their possession or for settlement of land in their favour as per any Policy or law, learned counsel could not point out any Police/law in their favour, except the Press note, as mentioned in Paragraph 8 of the petition. In the absence of any law or policy to protect the.. possession of the encroacher, the petitioners have no locus to challenge the auction in question. Since the petitioners are not in authorized possession over the land in question, I am not inclined to invoke my writ jurisdiction to see the legality of auction in question. The legality of auction in question is left open to be seen in future appropriate case.

Dismissed in limine.