AZIMUNNISSA Vs. DEUTY CUSTODIAN EVACUEE PROPERTIES DISTRICT DEORIA

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THIS is a petition by six persons under article 32 of the Constitution praying for a writ of certiorari for calling the records in which certain orders were passed and for the issue of a mandamus directing the respondents to restore the property in dispute. The following pedigree table will assist in understanding the case:Hingan Mian Moharram Main Shukrullah(d.1945) Abul Bashir Nasir Nazir Majid Razzaq Ahamad Ahamad Ahamad Khuda Bux Noori Mian=Rehmat Bibi (d.1953) Azimunnisa Khatoon Bibi Taghma Bibi (d) = Maqbool Ahamad =Abdul Barkat Shamsun Nisa Khudaija Bibi Lutf Md. Ahamad Aiysha Qamar-un-Nisa Tehzib-un-Nisa Ahamad Khatoon

(3.) ON 22/11/1949, a notice was issued to Khatoon Bibi, her manager and servants declaring her to be an evacuee and calling upon her to surrender possession of her property which was described as ' Bhatni Noori (Chini Mills, zamindari and kashtkari land '. Her husband Abdul Barkat filed objections but it does not appear that any order was passed on those objections. ON 17/04/1950, the Administration of Evacuee Property Act, 1950 (XXXI of 1950), hereinafter referred to as the Act, came into force. Another notice was issued to Khatoon Bibi by the Deputy Custodian of Evacuee Property, Deoria, on 5/07/1950, to show cause why she should not be declared <IMG>JUDGEMENT_365_AIR(SC)_1961Image1.jpg</IMG> an evacuee and why all her property be not declared evacuee property. It is alleged that the notice did not contain any description of the property and was therefore ineffective. This fact is denied by the respondents. In their affidavit it was stated thatthe property was fully specified and identified and that the notice of 5/07/1950, was by way of abundant caution; the property of Khatoon Bibi had become evacuee property and had automatically vested in the year 1949. Against this notice also Abdul 1951, these objections were dismissed. The order was as follows:- 'I Objection dismissed. Admittedly Bibi Khatoon is an evacuee. The notice is hereby confirmed and the property (sufficiently although not thoroughly) described in the notice is hereby declared to be evacuee property No appeal or revision was taken against this order. ON 8/01/1953, a notice under s. 7 of the Act was issued against Bashir Ahmad and Nasir Ahmad and by an order dated 14/12/1955, both of them were declared evacuees and their interests in the properties were declared evacuee property. This order by the Assistant Custodian (Judicial) shows that in the notice the properties were described and it was held that both Bashir Ahmad and Nasir Ahmad were evacuees and their interest in the property was evacuee property but as it was composite property the exact shares were left to be determined by the Competent Officer. An appeal was taken by these two evacuees to the Custodian of Evacuee Property, U. P., but it has not yet been decided.