INAYATULLA Vs. CUSTODIAN OF EVACUEE PROPERTY M.B., INDORE
HIGH COURT OF MADHYA PRADESH
Custodian Of Evacuee Property M.B., Indore
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Nevaskar, J. -
(1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ in the nature of mandamus or certiorari.
(2.) THE petition is based on the following allegations: Petitioner's father Habibulla, who died about 20 years back left immovable properties in the City of Indore. Petitioner and his brother Bashirulla were the only heirs to these properties. Bashirulla, who was not legally married and consequently had no legal issue, went mad in 1942 and later died in 1950.
The petitioner therefore claims to he the sole proprietor of the properties left by his father. It is alleged that the opponent Custodian served a notice upon the petitioner dated 21 -9 -1954 mentioning therein one Iqbal as the son of his brother Bashirulla and Kamrunisa as his wife and the petitioner was called upon to show cause why they should not be declared as evacuees and their right and interest in the properties of Bashirulla as the evacuee properties.
The petitioner thereupon applied to the opponent to supply to him the copies of record including the evidence in his possession, on the basis of which he formed an opinion about the factual existence of Iqbal and Kamrunisa as well as their lawful relationship with Bashirulla, the facts indicating their being evacuees and their right and interest in the properties mentioned in the notice.
(3.) THE Custodian rejected the application on the ground that the information on the basis of which the notice was issued was of a confidential character and no copies could be supplied to the petitioner.;
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