B.MUKERJI
BOODAN – Appellant
Versus
ASSTT. CUSTODIAN GENERAL, EVACUEE PROPERTY AND ANR. – Respondent
( 1 ) THIS is a petition by Boodan praying for a writ of certiorari or any other appropriate writ or order to be issued by this Court against the Assistant Custodian General commanding him to produce the record of the case referred to in the petition and thereafter to quash the order made by the Assistant Custodian General on the 19th January 1959.
( 2 ) IT appears that in respect of certain plots of land bhumidhari rights were claimed. These plots of land were evacuee property and under the law bhumidhari rights in respect of evacuee property could only be granted by the Custodian of the Evacuee Properties on the fulfilment of certain conditions. Certain orders were made by an Assistant Custodian (Judicial) I, Meerut. Thereafter a petition in revision was made and final orders on that revision appear to have been made by the Assistant Custodian General. The Assistant Custodian General happened to be functioning at Lucknow.
( 3 ) A preliminary objection was taken on behalf of the respondents to the effect that this petition was not entertainable by the Lucknow Bench of the Allahabad High Court on the ground that the "case" out of which this writ petition had arisen d
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