Sarjoo Prosad, J.

1. The petitioner S.M. Zaki, has been declared an evacuee under Sec.2(d)(i) of the Administration of Evacuee Property Ordinance, 1949, (Ordinance 27 of 1949) by the Assistant Custodian. The ground for declaring him an evacuee is that he left India due to the setting up of the Dominions of India and Pakistan. As a result of the declaration the properties of the petitioner have been declared to be evacuee properties and have vested in the Custodian. The said order of the Assistant Custodian has been upheld on appeal by the Deputy Custodian by an order dated 9-6-1950. The petitioner has consequently moved for a writ of certiorari for quashing the orders aforesaid, and also for a mandamus restraining the opposite party the State of Bihar, and the Assistant Custodian and the Deputy Custodian of Evacuee properties from interfering with his possession and enjoyment of the properties belonging to the petitioner.

2. The petitioner claims that he is a citizen of India having his domicile and residence in the territory of this dominion. At the time of the partition of the country he was in service as a railway employee of the then East Indian Railway. Prior to the pa