LAWS(J&K)-1976-4-6

BEGUM HAMIDA MALIK Vs. STATE OF J&K

Decided On April 28, 1976
Begum Hamida Malik Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) THIS petition seeks to quash the Government Order No. GR -127 -M/67 dated 19 -7 -1968 as also the order of the Custodian General dated 29 -1 -1974 reviewing / revising the order of the Custodian Evacuee Property, Jammu dated 28 -2 -1963.

(2.) THE petitioner has averred that she applied to the Custodian Evacuee Property Jammu for restoration of the evacuee house owned by her father and uncle (both deceased) in the year 1963 to the then Custodian Shri Altaf Hussain. After regular enquiry under section 14 of the Jammu and Kashmir State Evacuees (Administration of Property) Act (hereinafter to be referred as the Act) the Custodian passed an order of restoration on 28 -2 -1963 in favour of the petitioner (vide annexure A). One Mutwal Singh and others challenged this order in appeal before the Custodian General Kh. Mohd Amin but were unsuccessful and their appeal was dismissed (vide the appellate order annexure B). Sometime thereafter proceedings under the Jammu and Kashmir Government Servants Prevention of Corruption (Commission) Act were initiated against Shri Altaf Hussain the then Custodian Evacuee Property Jammu. He was found guilty by the Commission. One of the charges established was that he had restored the property in favour of the petitioner for ulterior motive. The Government by its order No. GPv -1 27 -M/67 dated 19 -7 -68 while imposing the punishment of censure on Shri Altaf Hussain ordered as follows : -

(3.) IN pursuance of this order the Custodian General respondent No. 2 sought to review the order of the Custodian dated 28 -2 -1963 and issued notice to the petitioner calling upon her to show cause as to why the legality and propriety of the order of restoration be not re -examined. He accordingly ordered the parties to produce their evidence in support of their respective claims. This order as well as the order of the Government directing the Custodian General to take appropriate action in the matter have been challenged on the following grounds: -