Law:

Section:

  East Bengal (Emergency) Requisition of Property Act (XIII of 1948), Ss. 3 & 4 - To be read together - Order under S. 3 must be in writing and bear signature of dicer making order ---Rubber sump no substitute for conscious signature - Personal service of order, condition precedent for having binding effect--- Knowledge of requisition, not sufficient to serve purpose of notice under S. 4-East Bengal (Emergency) Requisition of Property Rules, 1948, r. 3.   Mohammad Nur Hussain v. The Province of East Pakistan P L D 1959 S C (Pak.) 470 and Ajit Kumar Das v. Province of East Pakistan P L D 1958 Dacca 280 distinguished.   Kassim Ibrahim v. Johurmull Khumka I L R 43 Cal. 447; Jhabormull Dudhwalla v. Bhogatram Serowgir 51 C W N 189; Kumudini Welfare Trust of Bengal Ltd. v. Pakistan and others P L D 1960 S C (Pak.) 121 and Kumudini Welfare Trust of Bengal v. The Province of East Pakistan P L D 1959 Dacca 417 ref.   Precedent-Decision-Authority only for points mooted anti decided.   Constitution of Pakistan (1956), Art. 170-Writ-Delay --Sufficient explanation-Relief not to be refused. JUDGMENT   MURSHED, J.-The petitioner, Dr. Azizul Islam, claims to be the owner and occupier of a piece of land consisting of C. S. Plots 1343 and 1424 of Mouza Shahar Khilgaon, J. L. No. 287, in the District of Dacca. It is stated that he has built a building on the said plots where he resides with members of his family. On the 30th of December, 1959, he received a piece of printed paper which purported to be a notice under section 3 read with section 9 of the East Bengal (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) (hereinafter called the Act) from the office of the Land Acquisition Collector, Dacca. The document which was made over to him bore a seal of that office and a rubber stamp replica of a signature appended under the printed pace provided for the signature of the Additional District Magistrate, Dacca. This paper, which was served on him, accord ing to its printed directions, required him to deliver the said piece of land which was purported to be requisitioned for a rehabilita tion scheme for displaced persons. On receipt of…