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Md. Sharfuddin Versus R.P. Singh and Others

1961 (3) TMI 104 - SUPREME COURT

Civil Appeal No. 458 of 1958 - Dated:- 10-3-1961 - SUBBARAO, K., DAYAL, RAGHUBAR AND MUDHOLKAR, J.R. M. K. Ramaraurthi, R. K. Garg, S. C. Agarwal and D. P. Singh, for the Appellants. R. C. Prasad, for the Respondent. JUDGEMENT The Judgment of the Court was delivered by SUBBA RAO, J.-This appeal by special leave is directed against the order of the High Court of Judicature at Patna dismissing the application filed by the appellant under Art. 226 of the Constitution to quash the order dated August .....

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sistant Custodian, after making the necessary inquiry, held that the said holdings were evacuee properties. The appellant filed a revision petition under s. 26 of the Act against the said order to the Deputy Custodian, Hazaribagh, who set aside the order of the Assistant Custodian and remanded the matter to him for disposal in accordance with law. On April 26, 1954, the Assistant Custodian, Giridih, on a consideration of the evidence placed before him, held that the said properties were not evac .....

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On August 4, 1955, the Custodian set aside the order of the Assistant Custodian, Giridih, and declared the shares of the brothers of the appellant in the holdings to be evacuee properties and referred the matter to the appropriate authority for the separation of their interest. Thereafter, the appellant filed an application to the High Court under Art. 226 of the Constitution to quash the said order, but that was dismissed. Hence the appeal. Though many questions were raised before the High Cour .....

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the appeal against the order of the Assistant Custodian was filed only on February 22, 1955, no proceeding was pend- ing on the prescribed date and, therefore, the Custodian illegally made the order in direct contravention of the provisions of B. 7-A of the Act. (3) The Custodian acted perversely in condoning the delay in filing the appeal to him without assigning any reasons. (4) The notice issued to the appellant under s. 7(1) of the Act was defective and, therefore, the proceedings taken purs .....

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uty or Assistant Custodian of evacuee property in that State. Section 6 authorises the Central Government to appoint for any State a Custodian and as many Additional, Deputy or Assistant Custodians of Evacuee Property as may be necessary for the purpose of discharging the duties imposed on the Custodian by or under the Act. By sub-s. (3) of that section, the Additional, Deputy and Assistant Custodians of Evacuee Property shall discharge the duties imposed on them by or under the Act under the ge .....

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ne of the aforesaid categories-if he is of opinion that any property is evacuee property within the meaning of the Act, he may, after causing notice thereof to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee property. Sub-s. (3) thereof enjoins on him the duty to publish in the Official Gazette all properties declared by him to be .....

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original order has been passed by a Deputy or Assistant Custodian and the amount or value of the property which is the subject-matter of the order does not exceed two thousand rupees, and to the Custodian-General in any other case. Section 26, which was deleted from the Act by s. 8 of Act 91 of 1956, conferred a revisional jurisdiction on the Custodian, Additional Custodian or Authorized Deputy Custodian against the orders of subordinate officers. Section 27 gives to the Custodian- General a pl .....

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appropriate authority prescribed under s. 24; the Custodian or the Custodian. General, as the case may be, in appropriate cases, can also, in exercise of his revisional jurisdiction, set aside that order; if a Custodian illegally or improperly releases a property on the ground that it is not evacuee property, it is liable to be revised by the Custodian or the Custodian- General, as the case may be, under s. 26 or s. 27 of the Act. Learned counsel for the respondents contends that the words &quo .....

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ovide for the distribution of work among the various Custodians, namely, Additional, Deputy and Assistant Custodians, and in such allocation the power to inquire whether a property is an evacuee property or not may be confer. red on one Custodian and the power to manage it on another, and that, in that event, the Custodian on whom the power to manage is conferred will be a person aggrieved within the meaning of s. 24 of the Act. In our View this argument is not consistent with the scheme of the .....

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ring appeals against the orders of another officer If an Assistant Custodian or a Custodian went wrong in the matter of declaring a property to be an evacuee property, the Act provides that the Custodian or the CustodianGeneral, as the case may be, before 1956, and the Custodian-General thereafter, may set right the wrong. In the premises the words "any person aggrieved" in s. 24 of the Act can only mean a person whose properties have been declared to be evacuee properties by the Custo .....

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Custodian of Evacuee Property, the latter started proceedings under the Bombay Evacuees (Administration of Property) Act, 1949, against one Aboobaker. The Additional Custodian, after recording the statement of Aboobaker and examining the evidence produced by Tek Chand Dolwani, held that the said Aboobaker was not an evacuee. Tek Chand Dolwani filed an appeal against the said order to the Custodian-General of India' One of the questions raised was whether the said Tek Chand Dolwani was a per .....

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ply to the written statement filed by the persons interested in the property claiming that the property should not be declared as an evacuee property; and that the Custodian should proceed. to hear the evidence, if any, which the party appearing to show cause might produce and also the evidence which the party claiming to be interested as mentioned above might adduce. The rule, therefore, authorized the Additional Custodian to adjudicate between the person moving the Custodian to declare a prope .....

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