- (1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Ashish Kumar Singh for the petitioner and Shri K.S.Sirohi, learned Senior Advocate assisted by Shri Ramesh Pundir for the respondent. The instant writ petition arises out of proceedings under the U.P. Administration of Evacuee Property Act and has been filed challenging the order dated 23.10.2015 passed by the Assistant Custodian General/ Board of Revenue.
(2.) The dispute in the writ petition pertains to a shop which is alleged to have been the property of one Mohd. Aktar who is said to have migrated to Pakistan. The petitioners are the heirs of one Atma Ram, who was the tenant of the shop. It is the case of the petitioners that since Atma Ram was the tenant of the shop in question, upon Mohd Akhtar, the owner, migrating to Pakistan and property coming to vest in the Custodian, applied for the purchase of the shop. On the application aforesaid Atma Ram was ordered to deposit an amount by the Assistant Custodian, which was duly deposited. Against this order, a revision was preferred before the Assistant Custodian General, U.P. who by his order dated 28.07.1983, set aside the order whereby Atma Ram was required to deposit some money and remanded the matter back to the Assistant Custodian. Thereafter various orders came to be passed in the matter and it ultimately travelled upto the Supreme Court. The Apex Court by its order dated 30.11.2000 allowed the Civil Appeal and remanded the matter back to the Assistant Custodian to decide it afresh.
(3.) Upon remand, the Assistant Custodian by his order dated 06.09.2002 dismissed the application of Atma Ram. Against this order, a revision No. 02/2002-03 was filed by the petitioners before the Board of Revenue. This revision was admitted and a stay order was granted therein. This revision no. 02-2002-03 was ordered to abate on the repeal of the Administration of Evacuee Property Act by an order dated 14.09.2006.;