Law:

Section:

Rehabilitation Settlement Scheme, Part II, paras. 61-A & 62 ­Objection to ford haqiat-Claim of persons duly processed under paras-High Court, in circumstance, held, right in holding as illegal and without jurisdiction order of Officer on Special Duty reducing urea of land without notice to such persons. JUDGMENT SAJJAD AHMAD, J.-This petition for special leave is directed against the order of a learned Single Judge of the Lahore High Court passed in writ jurisdiction, whereby, accepting the writ petition of the respondents, it was held that the order made by the Officer on Special Duty, Central Record Office, verifying the respondents as equivalent to 4,236 units on their claim form No. 7223, was valid, and all the subsequent orders made on the review petitions and the miscellaneous application filed by the petitioners, were without lawful authority. The aforesaid respondents were claimant displaced persons from Patiala State (Bharat). Three Fard-e-Haqiats were issued separately in their favour, which showed that they were entitled to allotment of land equivalent to 4,236 units. They were allotted 841 kanals in Chak No. 323/J.B., Tehsil Toba Tek Singh, which was sub­sequently confirmed in their favour. Subsequently, on the 13th of June 1961, the Additional Rehabilitation Commissioner, Multan, made an order in the absence of the respondents that 30 acres of land out of the area allotted to them be cancelled and given to the petitioners, because, according to him, the allotment of the respondents had been reduced by 1,216 units. Coming to know of this order, the respondents filed an application before the Officer on Special Duty, Central Record Office, against the reduc­tion in their verified area. The learned Officer, after examining the case, restored the previous verification, with the only variation that the land, which was previously verified as Nehri, was re-­verified as Chahi, but this made no difference in the land as already allotted to the respondents, as the value of the Nehri and Chahi lands in terms of the…

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