Raj Kishore Prasad, J.

1. In this case, the petitioner, Md. Sharfuddin, has moved this Court, under Article 226 of the Constitution of India for quashing the order, dated the 4th August, 1955, passed by opposite party No. 1 the Custodian of Evacuee Property, Bihar, who has reversed the order, dated the 26th April, 1954, of the Assistant Custodian, Giridih, releasing holdings Nos. 326. 774 and 654, situated in Giridih, as belonging to the petitioner, and declared the above holdings to be evacuee properties.

2. One Abdul Ghani, deceased, had four sons: (1) Qurban Ahmad, (2) Habibul Ahmad, (3) Abdul Rauf and (4) Sharfuddin. He had also four daughters namely, (1) Khodaizaitul Kobra, (2) Mufida Khatun, (3) Maqbulah, and (4) Naimunnisa. Of the four brothers; petitioner Sharfuddin is still in India and, the other three brothers, and, two of the sisters, namely, the last two, have migrated to East Pakistan, and they are residing in Dacca.

3. On the 6th April, 1951, Qurban, one of the brothers, who have migrated to Pakistan, filed a petition, before the Assistant Custodian of Evacuee Property, Giridih, stating that he with his other brothers, except the present petitioner, had migra