MOHAMED BALAM SHAIKH Vs. R.S. TRIVEDI

JUDGEMENT

(1.) THIS is a petition for an appropriate writ, direction or order in connection with several orders passed by the Custodian of Evacuee Property, Deputy Custodian of Evacuee Property, Additional Custodian and Assistant Custodian, who are the four respondents in this petition,

(2.) FROM the petition as drafted it is extremely difficult to find out what the actual grievance of the petitioner is and on what ground or grounds he challenges any one of the many orders. Strangely enough, not a single one of the orders challenged is annexed to the petition. That by itself is a serious lapse and might have entailed the consequence of the dismissal of the petition because it is quite essential that the order sought to be set aside must be before the Court and it is not sufficient merely to refer to the orders in the petition. But fortunately for the petitioner the respondents have made good the deficiency by annexing all the orders to the affidavit in reply and the orders are now before the Court; and it is now possible after looking at the affidavit of the respondents to visualise what the dispute is and what the grievance of the petitioner is.

(3.) IT also appears that proceedings under the Evacuee Property Act were instituted against Bachubhai and on August 8, 1952, an order was made declaring Bachubhai to be an evacuee and car No. BMZ 8070 to be evacuee property. On August 30, 1952, the present petitioner made an application for confirmation of the transfer of this truck to him by the evacuee Bachubhai although the truck had not been declared to be evacuee property as forming the property of Bachubhai. This application was dismissed on December 16, 1952, and an appeal against this dismissal to the Custodian was dismissed by an order dated July 20, 1953. The orders against which the petitioner seeks relief are the order of July 11,1952, which as I have earlier stated is a letter addressed by the Deputy Custodian of Evacuee Property to the Regional Transport Officer, Nasik, to take possession of the truck, the orders of August 29 and 30, 1951, relating to the property of the evacuee Raza Hussein, the order of August 8, 1952, relating to the property of the evacuee Bachubhai and the orders of December 16, 1952, and July 20, 1953, relating to the application for confirmation made by the petitioner.