( 1 ) THIS appeal is directed against the order of Naik J. dated 20-7-1956 passed in miscellaneous Petition No. 224 of 1956, refusing to issue a writ of certiorari under article 226 of the Constitution of India against the orders of the authorities acting tinder the Administration of Evacuee Property Act (XXXI of 1950 ).

( 2 ) THIS case has had a chequered history. The facts as established from the record are as follows : one Abdul Gafoor Khan, a fruit merchant of Bilaspur in Madhya Pradesh, went to village Pir Piyai (West Pakistan) in September, 1948 along with his wife, children and his parents. On 15-1-1949, Abdul Gafoor applied from village Pir Piyai for permission to come to India. A non-objection certificate dated 1-2-1949 was issued granting him the necessary permission. He returned to India on the said permit and again applied on 2-8-1949 for a permit to visit Pir Piyai. A temporary permit dated 26-81949 was granted to him, which was valid upto 25-8-1950. He overstayed there and after the expiry of the period of the permit applied to the Union Government for permission to return to India. But by an order dated 24-7-1951, he was refused permission. There is no