SANJAI MOHAN Vs. COMMISSIONER

JUDGEMENT

(1.) This dispute in this writ petition is regarding Shop No.WB -16/88 (Municipal No.6/5/13) situate Neem Ki Charai, Bara Bazar, District Bareilly.

(2.) The aforesaid shop was part of the property of one Nabi Hussain who migrated to Pakistan. The Assistant Custodian Judicial II, Bareilly by an order dated 20.03.1958 declared the aforesaid shop to be an evacuee property.

(3.) The petitioner moved an application dated 25.09.2007 before the Prescribed Authority (Evacuee Property) Bareilly contending that the shop in dispute situate on the ground floor is an evacuee property and that he is living on the first floor upper portion of it as the owner which is not part of the evacuee property. Therefore, appropriate proceedings may be drawn and that it may be transferred to him on the market value or may be let out to him.