ISHER SINGH GROVER Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This petition under Article . 226 of the Constitution must DO dismissed on the short ground that the petitioner has sustained no damage which would entitle him to apply for the issuance of a writ.

(2.) One Shri Mohamad Din Chhatriwala, who owned considerable properties in Delhi, is alleged to have migrated to Pakistan during the communal disturbances which broke out in the year 1947. On 14-9-1949 the properties belonging to him were notified as evacuee property under the provisions of the Administration of Evacuee Property (Chief Commissioners Provinces) Ordinance, 1949. He preferred a claim to the Custodian on the ground that the properties were not evacuee properties but this claim was dismissed by the Authorised Deputy Custodian on 44- 1950. The order of the Deputy Custodian was later upheld both by the Custodian General and the High Court. On 8-1-1951 the Central Government issued a certificate under Section 16 Administration of Evacuee Property Act, 1950, stating that the properties belonging to Chhatriwala which had vested in the Custodian be restored to him. The Custodian has complied with the order of the Central Government and the Custodian's order has been confirmed by the Custodian General.

(3.) The petitioner, who is a displaced person from West Pakistan, has presented this petition under Article 226 of the Constitution of India and has challenged the validity of Section 16 of the Act of 1950.