MASALKHAN S/O KALANDAR KHAN Vs. CUSTODIAN OF EVACUEE PROPERTY

JUDGEMENT

(1.) THIS appeal is directed against the order of Naik J. dated 20-7-1956 passed in miscellaneous Petition No. 224 of 1956, refusing to issue a writ of certiorari under article 226 of the Constitution of India against the orders of the authorities acting tinder the Administration of Evacuee Property Act (XXXI of 1950 ).

(2.) THIS case has had a chequered history. The facts as established from the record are as follows : one Abdul Gafoor Khan, a fruit merchant of Bilaspur in Madhya Pradesh, went to village Pir Piyai (West Pakistan) in September, 1948 along with his wife, children and his parents. On 15-1-1949, Abdul Gafoor applied from village Pir Piyai for permission to come to India. A non-objection certificate dated 1-2-1949 was issued granting him the necessary permission. He returned to India on the said permit and again applied on 2-8-1949 for a permit to visit Pir Piyai. A temporary permit dated 26-81949 was granted to him, which was valid upto 25-8-1950. He overstayed there and after the expiry of the period of the permit applied to the Union Government for permission to return to India. But by an order dated 24-7-1951, he was refused permission. There is nothing on record to indicate that he made any subsequent attempts to return to india.

(3.) IN the year 1952, proceedings were started for declaring Ashraf Khan, father of abdul Cafoor Khan, an evacuee vide Evacuee Property Case No. 16-33/7 of 195152. In the course of the proceedings not only Ashraf Khan, but Abdul Gafoor Khan also was declared an evacuee, without a proper Notice to him, vide order dated 72-1953.