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1954 Supreme(All) 232

MOOTHAM, AGARWALA, V.BHARGAVA, M.L.CHATURVEDI, MULLA
Azmat Ullah – Appellant
Versus
Custodian, Evacuee Property, U. P. – Respondent


Advocates:
N. Banerji and Suraj Mohan Dayal, for Applicants; G.T. Wadhwani and S.S. Dhavan, for Opposite Party.

Judgement

MOOTHAM, C. J.:- The following question has been referred to a Full Bench by two learned Judges of this Court:

"Where the relief claimed is a writ of mandamus relating to property situated within the jurisdiction of one High Court directed to an officer residing within the jurisdiction of that Court and it was that officer who and whose subordinates, also residing within the jurisdiction of the same High Court, originally passed the orders complained of but the writ cannot issue without setting aside, in exercise of the power of certiorari, the order passed in appeal or revision by an authority residing outside the jurisdiction of that High Court and within the jurisdiction of another High Court, which is the High Court competent under Art.226 of the Constitution to issue the writ?"

2. It is necessary to state shortly the circumstances in which the reference has been made. On 3-9-1949, the Deputy Custodian of Evacuee Property, Gonda, in the exercise of powers vested in him under the United Provinces Administration of Evacuee Property Ordinance, 1949, declared certain persons to be evacuees and their property to be evacuee property. The petitioners now before this Court clai


















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