Eventually he left India for Pakistan on June 20, 1951.
3,500.
March 7.
The Judgment of the Court was delivered by MUDHOLKAR, J. In this petition under Art.
A writ petition preferred by him before the Judicial Commissioner, Bhopal, was dismissed in limine on July 14, 1954.
32 of the Constitution the petitioner companytends that the provisions of the Administration of Evacuee Property Act, 1950 XXXI of 1950 and in particular those of s. 2 d and sub s. 4 of s. 40 are unconstitutional.
ORIGINAL JURISDICTION Petition No.
32 of the Constitution of India for enforcement of fundamental rights.
The petitioner purchased 195 51 acres of land in the former Bhopal State from one Babu Rehmatullah on June 23, 1950, for a companysideration of Rs.
87 of 1957.
S. Bindra, R H. Dhebar and T. M. Sen, for the respondents.
Petition under Art.
Rehmatullah was declared to be an intending evacuee by the Assistant Custodian of Evacuee Property.
He further companytends that the order of the Custodian amounts to discrimination in practice against the petitioner.
D. Sharma, for the petitioner.
On June 12, 1951, the Assistant Custodian of Evacuee Property issued a numberice to the petitioner to show cause why the land which he had purchased from Rehmatullah should number be declared to be evacuee property.
The relevant facts may number be stated.
The petitioner challenged that order in appeal as well as in revision as provided in the Act but was unsuccessful.
After hearing the petitioner the property was declared to be evacuee property on August 8, 1951.
