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1954 Supreme(Raj) 14

WANCHOO, DAVE
Barkatali – Appellant
Versus
Custodian General Of Evacuee Property Of India – Respondent


Advocates Appeared:
Chandmal, for Appellant; Kansingh Deputy Government Advocate

Wanchoo, C.J.—This is an application by Barkatali under Art. 226 of the Constitution for issue of a writ in connection with proceedings under the Administration of Evacuee Property Act (No. XXXI) of 1950(hereinafter called the Act).

2. The case of the applicant is that he received notice, dated the 9lh September, 1950, from the Assistant Costodian, Pali, under sec. 7 of the Act requiring him to appear in person in the office of the Assistant Custodian at 10 A.M., failing which the case would be decided against him. The applicant put in appearance on the date fixed. Thereafter, the case was postponed and was dealt with by one Mr. M. R. Dhariwal who is Naib Tehsil-dar. This gentleman declared by an order, dated 24th October, 1950, certain share in the property to be evacuee property. The applicant want in appeal to the Custodian Rajasthan. This appeal was partly allowed, and the Custodian declared one-eigth share of Niaz Ali, who was held to be an evacuee, to be evacuee property. But this related to only seven properties, and the rest of the order of the Assistant Custodian was set aside. Thereupon, the applicant filed a revision before the Custodian General who dismissed it. The appl

























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