ABDUL HAMID vs CUSTODIAN AND Other
This matter concerns a petition for special leave to appeal against a High Court judgment dismissing a writ petition regarding the status and transfer of an evacuee property in Hyderabad. The petitioner, claiming to be a tenant of the property, challenged an order of the Custodian, arguing that an order under Section 22 of the Pakistan Administration of Evacuee Property Act, 1957, is ineffective without a corresponding order of restoration under Section 23 of the same Act. The Supreme Court addressed whether the absence of a restoration order under Section 23 invalidates an order passed under Section 22. The Court held that the absence of an order under Section 23 does not invalidate an order under Section 22, as restoration proceedings are a subsequent enforcement step. Furthermore, the Court affirmed the High Court's dismissal of the writ petition on the grounds of laches, noting the petitioner's six-year delay in challenging the Custodian's order. The petition for leave to appeal was dismissed, leaving the petitioner to contest the execution proceedings if valid grounds exist.
- Does the absence of an order under Section 23 of the Pakistan Administration of Evacuee Property Act 1957 invalidate an order passed under Section 22 of the same Act?
- Can a writ petition be dismissed on the grounds of laches if filed after a delay of six years?
- Section 22, Pakistan Administration of Evacuee Property Act 1957
- Section 23, Pakistan Administration of Evacuee Property Act 1957
ORDER
1. HAMOODUR RAHMAN, C. J.-The dispute in this case relates to an evacuee house No. B/22-1177 situated in Advani Lane, Hyderabad.
2. The petitioner claimed that he had taken it on rent from one Ghansham Das Gopaldas Advani, who subsequently became an evacuee. On this ground he claimed to be in possession thereof and also to have paid rent to the Custodian's Department. Subsequently, he applied for the transfer of the property on a C. H. Form.
3. The present petitioner then sought to have the order of the Custodian reviewed. The Custodian in the first instance on the 28th of April 1962 directed the Deputy Custodian to record evidence and submit a report within two months.
4. The enquiry was actually held by the Additional Custodian who reported on the 31st of January 1963 that the petitioner was unable to substantiate his claim that the property was an evacuee property. The petitioner was then heard by the Custodian who dismissed the review application on the 14th of June 1963. The petitioner did nothing until 1969 when he filed Writ Petition No. 74 of 1969 in the High Court of West Pakistan at its Karachi Seat challenging the validity of the order of Custodian on the ground that the Custodian had acted without getting a report from the Special Police Establishment in the matter. The High Court dismissed the writ petition on the 23rd of February 1973 holding that it was not only a belated application filed after the expiry of nearly six years or so, but that it was also without any merit.
5. The petitioner now seeks special leave to appeal and it is contended on his behalf that an order under section 22 of the Pakistan Administration of Evacuee Property Act, 1957 is not operative until and unless an order of restoration of the property has also been made under section 23 of the aforesaid Act.
6. We are informed that proceedings for the enforcement or execution of the order under section 22 are, in fact, going on. This shows that steps have already been taken by Nabi Bakhsh to get the property restored. If he succeeds, the order under section 23 for restoration will automatically follow.
7. The absence of an order under section 23 cannot invalidate the order under section 22. If the petitioner has any valid grounds for resisting restoration of possession he should contest the execution proceedings. So far as the writ petition is concerned, we are of the opinion that it was rightly dismissed. It was hopelessly barred by laches on the part of the petitioner. We see no reason to interfere. This petition is, accordingly, dismissed.