Wanchoo, C.J. - (1.) This is an application by Barkatali under Article 226 of the Constitution for issue of a writ in connection ' with proceedings under the Administration of Evacuee Property Act (No. 31 of 1950) (hereinafter called the Act).
(2.) The case of the applicant is that he received notice, dated 9-9-1950, from the Assistant Custodian, Pali, under Sections 7 of the Act requiring him to appear in person in the office of the Assistant Custodian at 10 A. M., failing which the case would be decided against him. The applicant put in appearance on the date fixed. Thereafter, the case was postponed and was dealt with by one Mr. M. R. Dhariwal who is Naib Tahsildar. This gentleman declared by an order, dated 24-10-1950, certain share in the property to be evacuee property. The applicant went in appeal to the Custodian Rajasthan. This appeal was partly allowed, and the Custodian declared one-eighth share of Niaz Ali, who was held to be an evacuee, to be evacuee property. But this related to only seven properties, and the rest of the order of the Assistant Custodian was set aside. Thereupon, the applicant filed a revision before the Custodian General who dismissed it. The applicant then filed a review application before the Custodian General, and that was also dismissed in February. 1952. Thereafter, the present application was filed in April 1952.
(3.) The applicant's case is two-fold. In the first place, it is urged that as Mr. Dhariwal was a Naib Tahsildar and was never invested with the powers of an Assistant Custodian, his order was without jurisdiction, and the subsequent proceedings would also be without jurisdiction. The second point, that is urged, is that the notice issued under Sections 7 of the Act was not in the form prescribed by the Rules, and therefore the Assistant Custodian did not lay the foundation of his jurisdiction in this case, and all proceedings taken on a notice like the one issued on 9-9-1950, were without jurisdiction,;