By the Court.—The writ petitioners have prayed for quashing the order dated 4.8.1984 passed by the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, declaring the disputed property, including a plot measuring 1400 sq. feet on which Shri Mangal Sen is running Novelty cinema of which a portion being used by Prem Chandra for doing business of coal; six houses in Saray Barambeg; seven shops in Sabji Mandi, Aligarh including a staircase ; two shops in Bazar Gudari Aligarh etc., the details of which are given in the order under challenge.

2. We have heard Shri M.K. Gupta, learned counsel for the petitioners. Learned Standing Counsel appears for the District Magistrate, Aligarh as Asstt. Custodian Enemy Property, Aligarh-respondent No. 4 and Tehsildar of Tehsil Koil, Distt. Aligarh-respondent No. 5. The notices were served but no one appears for the Central Government. Shri A.K. Gupta appears for Shri Madhu Sudan Gopal-respondent No. 6, the tenant of the property.

3. The facts stated in the writ petition in brief are that the properties were initially owned by Shri Imamuddin. After his death the properties were partitioned by a registered arbitration award dated 19.11.1940 between Hanifa Begum, the widow of Imamuddin; Rafiuddin, the son of Imamuddin and the legal heirs of his three sons namely Naqiuddin, Taqiuddin and Aliuddin. The Asstt. Custodian, Evacuee Property issued notice and declared Smt. Swaleha Begum as evacuee. The order was challenged by Azizuddin and Allauddin. The appeal was allowed by the Custodian, Evacuee Property, Lucknow on 7.2.1957. It was held that Swaleha Begam (the evacuee) had no interest in the properties and that said properties are not evacuee property. The order was not challenged by any person and attained finality.

4. After about six years on 7.2.1963 a show cause notice was issued by the Asstt. Custodian, Evacuee Property, again treating the property as evacuee property. This order was again challenged before the Custodian General. By order dated 2/5.12.1963 the Custodian General of India quashed the order dated 10.6.1963 and remanded the case. The question was decided again and it was held by Asstt. Custodian in order dated 31.1.1964 that only Smt. Amna Begam was an evacuee and that only Zamindari Compensation and Rehabilitation Bonds were declared evacuee property. The properties in dispute were not held to be evacuee property. It was held in this order that Smt. Swaleha Khatoon and Jannat Begum had no share in the properties. The order was challenged by Shri Madhu Sudan Gopal, the tenant of the property. The appeal was allowed on 9.4.1964 and that orders dated 31.1.1964 as well as the order dated 7.2.1957 were set aside. The petitioner filed a Writ Petition No. 2322 of 1964, which was allowed on 2.4.1970 and the order dated 9.4.1964 was quashed. The order of the High Court was not challenged by any one. The High Court after setting out the pedigree and considering the rights of the parties held that no order could be passed by Custodian General prejudicial to any person without giving him any opportunity of hearing. In this case no opportunity was given to the affected persons and that the records were not summoned by the Custodian General in hearing the matter under Section 27 of the Administration of Evacuee Property Act, 1950. The Custodian General exercised the powers arbitrarily and had illegally set aside the order on merits after 7 years without giving opportunity of hearing to the parties.

5. After the judgment of the High Court, the Asstt. Custodian, Evacuee Property challenged the order dated 7.2.1957 after a period of 13 years. The revision was allowed by Deputy Custodian General, Evacuee Property on 27.10.1971. Again the petitioner filed Writ Petition No. 586 of 1972, which was allowed on 6.1.1981. The order dated 27.10.1971 was quashed and has become final.

6. It appears that the respondent No. 6 as tenant of the property was not satisfied and that he pursued the