WALI MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition challenges the order passed by the authorities constituted under the Administration of Evacuee Property Act of 1950. By the impugned order, an allotment to the heirs of one Nawazi was sought to be cancelled nearly 25 years after the restoration order. The details leading to the writ petition are as follows.

(2.) ONE Rozdar Khan and his wife Nawazi were said to have fled to Pakistan at the time of partition and the property that they left behind in India was treated as evacuee property. His wife Nawazi made an application on 25.08.1952 claiming the property on the ground that she had returned to India and her husband died in Pakistan. Her application was dismissed on 05.12.1952. However, on her representation, it appears that an investigation had been undertaken and a report was given by Inspector (Legal), Gurgaon and submitted to the Deputy Custodian that Nawazi's name entered in the census register prepared in the year 1948-49. The land had been claimed by Nawazi as an heir to her husband and the report suggested that the property must be restored to her. The Deputy Custodian made an entry endorsing the recommendation and approving that the property be restored to her. This was sought to be reopened at the instance of a third party, who claimed that restoration order passed in the year 1961 was done on false averments.

(3.) THERE is no finding or observation that any fraud or misrepresentation had been made to secure the restoration. The property was rightfully restored to the person entitled to obtain the property. The impugned orders are set aside and the writ petition is allowed.