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PETITIONER: DUNICHAND HAKIM AND OTHERS
Vs.
RESPONDENT: DEPUTY COMMISSIONER (DEPUTY CUSTODIAN EVACUEE PROPERTY)
DATE OF JUDGMENT: 18/12/1953
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM SASTRI, M. PATANJALI (CJ) DAS, SUDHI RANJAN BOSE, VIVIAN JAGANNADHADAS, B.
CITATION: 1954 AIR 150 1954 SCR 578 CITATOR INFO : E 1957 SC 599 (4)
ACT: Administration of Evacuee.Property Act (Act XXXI of 1905), ss. 2, 12, 56(2)-Evacuee property-Allotment--Cancellation of-Jurisdiction of Deputy Cutstodian-Notice for cancellation., whether essential-orders of cancellation of allotment-Validity of.
HEADNOTE: Held, that the Deputy Custodian of Evacuee Property has jurisdiction to cancel the allotment of land both under the East Punjab Evacuees’ (Administration of Property) Act, XIV of 1947 as well as under the Administration of Evacuee Property (Act XXXI of - 1950), ss. 2(a) 12(1) and 56(2), the latter Act replacing the former Act. That no notice was provided for cancellation of an allotment under the rules framed under section 56. That the petitioners-allottees in the present case were given notice and had full opportunity to put forward their case before their allotments were cancelled.
JUDGMENT: ORIGINAL JURISDICTION: PETITION NO. 324 of 1953 under article 32 of the Constitution. N. S. Bindra, (Gurucharan Singh Bakshi, with him) for the petiti...