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1953 Supreme(SC) 128

B. JAGANNATHA DAS, GHULAM HASAN, M. PATANJALI SASTRI, S. R. DASS, VIVIAN BOSE
Dunichand Hakim – Appellant
Versus
Deputy Commissioner (Deputy Custodian, Evacuee Property) Karnal, State Of Punjab – Respondent


Advocates:
AMAR NATH ARORA, G.H.RAJADHYAKSHA, GURCHARAN SINGH, Harbans Singh Doabia, N.S.BINDRA, PARAS A.MEHTA, R.K.Kuba

Judgment

GHULAM HASAN, J. : This petition by twenty persons under Article 32 of the Constitution prays for the issue of a writ of certiorari , mandamus and prohibition or other suitable order or directions, quashing the orders dated the 1st July, 1952, and the 14th October, 1953, passed by the Deputy Commissioner (Deputy Custodian Evacuee Property) Karnal, in the State of East Punjab, hereinafter referred to as the 1st respondent, whereby the petitioners are alleged to have been deprived of their fundamental right of property and are unable to hold the same within the meaning of Article 19 (1) (f) of the Constitution.

2. The petitioners are displaced persons from Pakistan who migrated to India after the partition of 1947. They owned certain agricultural land in Tehsil Chunian, District Lahore, which according to them, was mostly canal irrigated land of the first grade, yielding on an average 16 to 20 maunds of wheat per acre. It appears that upon partition, the East Punjab Government was confronted with the serious problem of settling agricultural lands abandoned by Muslim evacuees from the areas, now called East Punjab and Pepsu. Accordingly they decided on the 15th September, 194


































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