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TMI Blog1961 (3) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... d Kunhi Mossa Haji, it is alleged, carried on a hotel business in Karachi which is now in Pakistan. The petitioner stated that her husband had been carrying on the said business since 1936. It is not in dispute, however, that in the relevant year, that is, 1947, when the separate dominion of Pakistan was set up, the petitioner's husband was in Karachi. The petitioner stated that at the end of August, 1949, her husband returned to Malabar, in India. On behalf of respondent no. 1, the Ministry of Rehabilitation, Government of India, it is averred that the petitioner's husband surreptitiously returned to India without a valid passport in 1953 and was arrested for an alleged infringement of the provisions of the Foreigners Act. On Decem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1956. The petitioner then made an application to the Ministry of Rehabilitation for an order of restoration of the property in her favour under the provisions of s. 16(1) of the Act. This application was also rejected. The petitioner then moved the High Court of Kerala by means of a writ petition under Art. 226 of the Constitution. This petition was, however, withdrawn by the petitioner on the ground that the Kerala High Court had held in an earlier decision reported in Arthur Import & Export Company, Bombay v. Collector of Customs, Cochin [(1958) 18 K.L.J. 198.] that when an order of an inferior tribunal is carried up in appeal or revision to a superior tribunal outside the court's jurisdiction and the superior tribunal passes an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction. We need only add that no question of the constitutionality of any law is raised by the petitioner. 4. In the view which we have taken, this petition is concluded by the decision of this Court in Sahibzada Saiyed Muhammed Amirabbas Abbasi v. The State of Madhya Bharat [1960]3SCR138 and it is not necessary to consider on merits the contentions urged on behalf of the petitioner. The position as we see it is this. This Court can exercise jurisdiction under Art. 32 of the Constitution only in enforcement of the fundamental rights guaranteed by Part III of the Constitution. In the present case, the appropriate authorities of competent jurisdiction under the Act have determined the two questions which fell for their decision, namely, (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntal right. The alleged fundamental right of the petitioner is really dependent on whether Kunhi Moosa Haji was an evacuee and whether his property is evacuee property. If the decision of the appropriate authorities of competent jurisdiction on these questions has become final and cannot be treated as a nullity or cannot be otherwise got rid of, the petitioner cannot complain of any infringement of her fundamental right under Arts. 19(1)(f) and 31 of the Constitution. 5. It is worthy of note that the relevant provisions of the Act have not been challenged before us as unconstitutional, nor can it be seriously contended before us that the orders of the appropriate authorities under the Act can be treated as null and void for want of jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at application was also rejected. Thereafter he moved an application under Art. 32 of the Constitution and it was held that where on account of the decision of the decision of a court of competent jurisdiction, the right alleged by the petitioner does not exist and, therefore, its infringement cannot arise, this Court cannot entertain a petition under Art. 32 for protection of the alleged right. We are of the opinion that the principle of this decision also applies to the present case. The circumstance that in Sahibzada Saiyed Muhammed v. The State of Madhya Bharat [1960]3SCR138 an application for special leave was made and rejected makes no difference to the application of the principle. So far as the principle is concerned, the position i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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