AZIZUN NISA Vs. ASST CUSTODIAN

JUDGEMENT

(1.) THIS is an application for a writ of certiorari, order or direction to quash the declaration dated 7 -3 -1953 (wrongly mentioned as 17 -3 -1953 in the application) under section 7 of the Administration of Evacuee Property Act (No. XXXI of 1950) (to be referred to as Act No. XXXI) the order of the Competent Officer, Faizabad (opposite party No. 2) for sale of the property in dispute dated 20 -34.956 and the sale held by the Competent Officer on 13 -8 -1956 of the property in dispute in favour of Sri Mahabir Prasad Jhunjhunwala (opposite party No. 3). There is the ubiquitous prayer for any other and further relief as the Court may deem fit. The applicants are related to one another as would appear from the following pedigree :

(2.) THE applicants to this petition are Khatoon Bibi, who has been declared to be an evacuee, and five other co -sharers in the property in dispute. Bashir Ahmad and Nasir Ahmad evacuees have not joined in the application. The applicants contend that the orders declaring Khatoon Bibi, Bashir Ahmad and Nasir Ahmad as evacuees are invalid and of no effect, that they are not evacuees at all, that the Act No. LXIV is unconstitutional, that the property in dispute includes a mosque and grave -yards, which being waqf property cannot be sold, and that the entire property in dispute should not have been put to auction by the Competent Officer.

(3.) THE first law applicable to evacuees was the U.P. Ordinance, No. 1, which came into force on 24 -6 -1949 and was repealed impliedly on 23 -8 -1949, on which date the Administration of Evacuee Property (Chief Commissioners Provinces) Ordinance No. XII of 1949 (to be referred to as Ordinance No. XII) was extended to this State by the Central Administration of Evacuee Property (Chief Commissioners Provinces) Amendment Ordinance No. XX of 1949 (to be referred to as Ordinance No. XX). The Ordinance, No. I, defined 'evacuee' as a person