PARKASH KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of T.V.R. Tatachari, J. allowing the Writ Petition filed by Mst.Bashiran.

(2.) Wazir Mohd. and his son Jan Mohd. were owners of agricultural land comprising 106 Bighas 7 Biswas 13 Biswansis in village Jabal and 68 Bighas 13 Biswas 15 Biswansis in village Deoli in Tehsil Sadar District Mandi, Himachal Pradesh. Wazir Mohd. and Jan Mohd. were both killed alongwith some other members of their family in the communal disturbances which took place in 1947 at the time of the partition of the country. Their property was taken over as Evacuee Property. Mst. Bashiran,whowas the only heir of these persons made an application under Section 16 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as the 'Evacuee Act') on March 17, 1954 for the restoration of this property. The Central Government passed an order no. 6(2)/Rest./56/1221 dated 12-11-1957 in the following terms :

(3.) Inspite of this order neither the Central Government nor any of its officers took action under Section 20-A of the Displaced persons Compensation & Rehabilitation) Act, 1954 (hereinafter referred to as the "Compensation Act".