1. Brief facts of the case is that Evacuee Property shop no. 213 situated at Mohalla Pir Mitha, Jammu was previously allotted to the father of the petitioner namely Sh.Ved Rattan Kalra who has been bonafide allottee of the said shop prior to the year 1990.After the death of the father of the petitioner, allotment of above said E.P. shop was made to the petitioner and since then petitioner is regularly depositing the rent of the shop to the E.P. Department and abiding by the terms and conditions of the agreement executed with the Custodian EP Jammu and allotment order, copies of the rent receipt since 1990 onwards are enclosed as Annexure "A" collectively.

2. Further stated that respondent no. 2 is the son of the petitioner. Petitioner was also running the business of stationery in the said allotted EP shop. In the year 2004 the respondent in connivance with the Custodian and other staff of the EP Department, preferred an application before the then Custodian EP Jammu for allotment of the said shop in his name. The Custodian without serving any show cause notice required under rule 14 of the of the Rules framed under the Evacuees' (Administration of Property) Act 2006 illegally and i

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