Law:

Section:

(a) West Pakistan Border Area Regulation, 1959 [M. L. R. (Zone B) No. 9], paras. 10 (o) & 15 and Constitution of Pakistan (1962), Art. 98-Order of Border Area Committee (cancelling allotment) made after 8.6-1962 i.e. after commencement of Constitution of Pakistan (1962)-Not immune from attack and open to judicial review under Art. 98. Muhammad Khan v. Border Allotment Committee P L D 1965 S C 623 distinguished. Mehr Din v. Border Area Committee P L D 1970 S C 311 ref. (b) West Pakistan Border Area Regulation, 1959 [M. L. R. (Zone B) No. 9], para. 10 (a)-Allotment validly made in favour of P (eligible for allotment under Rehabilitation Settlement Scheme or Border Scheme)-Border Committee under para. 10 (a) not empowered to cancel allotment from names of persons inheriting land from P after his death-Question of inheritance including mode of succession -Not a matter for Border Area Committee to decide nor Border Area Committee competent to annul or modify mutation finally authenticated by competent Revenue Authority. P, a displaced person was allotted land in the border area against his verified claim. Thereafter P died issueless and on his death mutation was attested in favour of his three nephews and this mutation was finally authenticated by the competent Revenue Authority. On receipt of a complaint that the mutation was obtained by misrepresentation, the Border Area Committee cancelled part of allotment, holding that the three nephews were entitled to only 3/8th share of the land allotted to P. The Supreme Court, however, held, that the question of inheritance as to who were the heirs of P and what was the extent of their respective share, was not a matter for the Border Area Committee to decide nor was the Border Area Committee competent to annul or modify a mutation finally authenticated by competent Revenue Authority. If, apart from the three nephews, there was, at all, any other heir of P for which it was thought necessary to review the mutation, the Border Area Committee should have, instead of making the impugned order, referred the matter to the authority competent to modify the mutation. Ch. Azimuddin, Advocate Supreme Court instructed by Kh. Wali…

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