ZAIBUN NISA BEGUM Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for issue of an appropriate Writ, declaring the proceedings under Ordinance No. XXVII of 1949 as void and not binding upon the petitioner, in respecj of a house in the town of Sambalpur.

(2.) THE short facts leading upto the petition are : Dr. Muhammad Hussian Khan who is a uterine brother of the husband of the petitioner, before leaving for Pakisthan, on 5 -3 -47 executed a registered deed of gift in favour of his minor son Mohsin Khan represented by his mother guardian Salimunnissa Begum. Salimunnissa Begum on behalf of her minor son, in her turn, sold the house in question to the petitioner by a registered deed of sale for a sum of Rs. 7,500/ - on 10 -2 -49. She thus came in possession of the house standing on Nazul plot no. 1617/2 with an area of 1160 sqr. ft., bearing Municipal holding no. 253 in Ward No. 2 in the town of Sambalpur, through her tenant Sree S. S. Das, District Engineer.

(3.) THE only point that was canvassed at the bar was that the very initiation of the proceeding was illegal and invalid inasmuch as the notice in Form No. 1 as contemplated under Rule 5 of the Central Rules for notice under the mandatory provisions of Section 7 (1) of ordinance No. XXVII of 1949 was not given, and thus no notice having been served under Sub -section (1) of section 7 of the Central Ordinance of the petitioner, the whole proceeding is vitiated and ought to be quashed by this Court.