Sample Form

In the High Court of Judicature at ……..
In re Art. 226 of the Constitution of India
(1) Name & Address :…………………..
…………………………………………..
(2) Name & Address :……………………				Petitioners
…………………………………………..
(3) Name & Address : ………………….
………………………………………….
(4) Name & Address :…………………..
…………………………………………..
Versus
(1) Director of Rehabilitation (Custodian), State at…….…….        Respondents.
(2) Sub-Divisional Magistrate, (Deputy Custodian) at…………..
Petition under Art. 226 of the Constitution of India for appropriate direction
The petitioners above named state as follows :
1. That they are Muslims and original inhabitants of……..where they owned and possessed lands, more particularly described in Schedule A annexed hereto.
2. That on account of disturbances at the time of partition of the country they shifted to …… within the territory of India, on account of fear of such disturbances.
3. That their said lands were taken possession of as "evacuee property" by respondent No. 1 (Custodian).
4. That the petitioners applied in …….to be declared "non-evacuees" as they had never left the territory of India. The respondent No. 1 accordingly declared the petitioners "non-evacuees."
5. That the lands aforementioned were however leased to petitioners by respondent No. 2
6. That the respondent No. 2 threatens to lease the said lands or a portion thereof to refugees from …………….  on the the alleged ground that the said lands still continue to be "evacuee property."
7. That according to the statutory enactment now in force, the said lands are not "evacuee property."
8. The petitioners are therefore entitled to regain possession of the said lands as owners thereof respectively. They are not liable to pay any lease money in respect of their own holdings.
9. It is, therefore, prayed that a direction be issued to the respondents that the matter should be dealt with by the Custodian under Rule 37 of the Administration of Evacuee Property Rules, 1950 and respondents be restrained from leasing out the said lands to any other person.
N.B. - An affidavit in support of the petition is also filed herewith.
Dated…………
(Sd.)
(Sd.)
(Sd.)
(Sd.)
Petitioners.
(Sd.)
Advocate for the Petitioners.