HABIB UL REHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed by Habib-ul-Rehman praying (1) for the issuance of a writ of certiorari quashing a show cause notice (Annexure-B) dated December 8, 1959, issued by the Chief Settlement Commissioner, New Delhi, an order (Annexure- E), dated February 19, 1960, passed by the Chief Settlement Commissioner, New Delhi, and an order (Annexure-G), dated March 14, 1960, passed by the Deputy Secretary to the Government of India, Ministry of Rehabilitation, New Delhi, (2) for a direction that the petitioner be set at liberty, and (3) for a direction or order prohibiting the respondents from recovering certain alleged arrears of rent from the petitioner. Respondent No. 1 in the writ petition is the Union of India, through the Secretary, Ministry of Rehabilitation. Respondent No. 2 is the Chief Settlement Commissioner, New Delhi. Respondent No. 3 is the Superintendent, District Jail, Tihar, New Delhi. Respondent No. 4 is Shri Ram Prashad, Assistant Collector (Special) First Grade, Delhi.

(2.) The facts which led to the filing of the writ petition were as follows: one Mohd. Ashfaq was originally the owner of a property called "Shalamar Garden" situated in village Hyderpur, within the Union Territory of Delhi. Mohd. Ashfaq died on March 19, 1955. According to the petitioner, Mohd. Ashfaq, during his life time, appointed the petitioner as his attorney for the purpose of the administration of his property, and the petitioner has been administering the property of Mohd. Ashfaq as such attorney. This is, however, denied by the respondents. After the death of Mohd. Ashfaq, the Evacuee Property Administration issued notices under section 7 of the Administration of Evacuee Property Act, No. XXXI of 1950, to the heirs of the deceased Mohd. Ashfaq, requiring them to show cause why the property of Mohd. Ashfaq should not be declared as evacuee property. Copies of the notices have not been filed in this writ petition. Shri H. L. Anand, the learned colinsel for the petitioner, stated that the Evacuee Property Administration issued the said notices on the assumption that Mohd. Ashfaq had migrated to Pakistan before his death. The aforesaid heirs of Mohd. Ashfaq challenged the legality of the notices on various grounds by filling Writ Petitions Nos. 686-D and 687-D of 1958 on July 10, 1958, before the Circuit Bench of the High Court of Punjab at Delhi. The said writ petitions were dismissed on September 25, 1958. The heirs of Mohd. Ashfaq then filed petitions, S.C.A. Nos. 1487-D and 1488-D of 1958 on November 4, 1958, for leave to appeal to the Supreme Court against the orders dated September 25, 1958. The said applications were dismissed on November 11, 1959.

(3.) In the meantime, the Assistant Custodian (Judicial) passed an ex-parte order on November 24, 1958, declaring the aforesaid Shalamar Garden as an evacuee property under section 7 of the Act No. XXXI of 1950. It is stated in the present writ petition that the said order was passed without giving an opportunity to the heirs of Mohd. Ashfaq. Aggrieved by the said ex-parte order, Mst. Laik-ul-Nisa and other heirs of Mohd. Ashfaq filed an appeal against the said ex-parte order before the Custodian-General of Evacuee Property. The Deputy Custodian- General of India admitted the said appeal and granted an interim order (Annexure-A) on January 12, 1960, staying the proceedings for recovery of arrears from the said heirs.