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1964 Supreme(Raj) 46

DAVE, TYAGI
Anwar Mohammad – Appellant
Versus
Managing Officer cum-Custodian of Evacuee Property, Jaipur – Respondent


Advocates Appeared:
C.K. Garg, for Petitioner; Raj Narain, Deputy Govt. Advocate, for Respondents Nos. 1 to 4

TYAGI, J.—This is a writ application by one Anwar Mohammad under Art, 226 of the Constitution of India.

2. Respondents Nos. 5 and 6 are not present before the Court. Shri Vishan Lal, Advocate for respondent No. 6 stated before us that his file was taken away by his client and therefore, he was not representing him now. No reply was filed either on behalf of the respondents Nos. 5 and 6 and, therefore, we have heard the writ application against them ex parte.

3. A joint reply has been filed on behalf of respondents Nos. 1 to 4.

4. It is common ground between the petitioner and the contesting respondents that a plot of land beating No. 367, situated in Mohalla Kagziyan, Sanganer, District Jaipur, was declared an evacuee property under the Administration of Evacuee Property Act, 1950, since it belonged to Ramjani son of Illabux of Sanganer, who had gone away to Pakistan. This property was acquired by the Government of India under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (which will hereinafter be referred as the Act). On the application of the petitioner, the said property was leased out to him on 17th June, 1958 for a period of one year on a re





































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