Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the order of the High Court of Judicature at Patna dismissing the application filed by the appellant under Art. 226 of the Constitution to quash the order dated August 4, 1955 passed by Shri R. P. Singh, Custodian of Evacuee Property, Bihar.

2. The facts relevant to the question raised in this appeal may be briefly stated. On information supplied by one Qurban Ahmad, the Assistant Custodian, Giridih, issued a notice under S. 7(1) of the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950) (hereinafter called the Act), to the appellant to show cause why he should not declare holdings Nos. 326, 774 and 654 in his possession as evacuee properties. The Assistant Custodian, after making the necessary inquiry, held that the said holdings were evacuee properties. The appellant filed a revision petition under Section 26 of the Act against the said order to the Deputy Custodian, Hazaribagh, who set aside the order of the Assistant Custodian and remanded the matter to him for disposal in accordance with law. On April 26, 1954, the Assistant Custodian, Giridhi on a consideration of the evidence placed before hi