MD SHARIFUDDIN Vs. R P SINGH

JUDGEMENT

(1.) IN this case, the petitioner, Md. Sharfuddin, has moved this Court, under Article 226 of the Constitution of INdia for quashing the order, dated the 4th August, 1955, passed by opposite party No. 1 the Custodian of Evacuee Property, Bihar, who has reversed the order, dated the 26th April, 1954, of the Assistant Custodian, Giridih, releasing holdings Nos. 326. 774 and 654, situated in Giridih, as belonging to the petitioner, and declared the above holdings to be evacuee properties.

(2.) ONE Abdul Ghani, deceased, had four sons: (1) Qurban Ahmad, (2) Habibul Ahmad, (3) Abdul Rauf and (4) Sharfuddin. He had also four daughters namely, (1) Khodaizaitul Kobra, (2) Mufida Khatun, (3) Maqbulah, and (4) Naimunnisa. Of the four brothers; petitioner Sharfuddin is still in India and, the other three brothers, and, two of the sisters, namely, the last two, have migrated to East Pakistan, and they are residing in Dacca.

(3.) AS the notice issued under Section 7, Clause (1), of the Administration of Evacuee Property Act, 1950 (Act 31 of 1950), hereinafter mentioned as "the Act", has been challenged by the petitioner as invalid and illegal, I reproduce below the notice, which was issued to the petitioner in Form No. 1, under Rule 6, Clause (1) of the Administration of Evacuee Property (Central) Rules, 1950, made by the Central Government, in exercise of the powers, conferred upon them by Section 56 of the Act. These rules will be referred to hereinafter as "the Rules''. The notice is in the' following terms:--