ABDUL KARIM Vs. DEPUTY CUSTODIAN JAIPUR

JUDGEMENT

(1.) THIS is an application of one Abdul Karim under Art. 226 of the Constitution of India for issue of a writ of certiorari and prohibition or for any other directive against the Deputy Custodian of Evacuee Property, Jaipur. .

(2.) IT has been stated by the petitioner that Abdul Rahim, who was his brother, owned a Soda Water Factory at Kishanpol Bazar, Jaipur City, which was purchased by the petitioner on the 16th January 1948 for Rs, 7003/- and after making some improvements in the factory the petitioner sold it to one Bachmal Thawardas on or about the 6th April 1948 for Rs. 11,00*)/ -. Abdul Rahim migrated to Pakistan and consequently the Deputy Custodian of Evacuee Property initiated proceedings regarding the property left by Abdul Rahim. The Deputy Custodian, on the 25th of December 1950, declared 2/7th share of Abdul Rahim in a house as evacuee property and by the same order the Soda Water Factory was also declared to be the evacuee property and the petitioner was ordered to refund Rs. 11,500/- on account of the price of the factory received by him. The Tehsildar of Jaipur was also requested by the Deputy Custodian to attach the property of the petitioner in order to recover the aforesaid amount. The notice served by the Deputy Custodian on the petitioner under sec. 7 of the Administration of Evacuee Property Act (hereinafter called the Act) it is said did not specify the Soda Water Factory or the sale proceeds thereof • and the notice was therefore bad in law. Since a notice under sec. 7 was indispensable, before the Deputy Custodian could exercise his jurisdiction, the entire proceedings in the court of the Deputy Custodian, it is added, were illegal. The property left by any evacuee could only be declared to be the evacuee property under the Act and under no circumstance would the sale proceeds of the factory be regarded as evacuee property and the applicant should not be legally asked to refund the amount of the sale proceeds. IT was therefore prayed that a writ of certiorari and prohibition or any other direction be issued setting aside the order of the Deputy Custodian by which the Soda Water Factory was declared to be the evacuee property and by which the petitioner was ordered to deposit Rs. 11,500/ -. IT was also prayed that the Deputy Custodian be prohibited from taking any action for the realisation of Rs. 11. 500/- from the petitioner and from taking any action to attach the property of the petitioner.

(3.) IT has been conceded on behalf of the petitioner that he did not go in appeal under the provisions of secs. 24 and 25 of the Act against the order of the Deputy Custodian, but it is argued that the order of the Deputy Custodian relating to recovery of the sale proceeds was not an order under sec. 7 of the Act and was not appealable under the provisions of secs. 24 and 25 of the Act.