Law:

Section:

Azad Jammu and Kashmir Administration of Evacuee Property Act (XII of 1957)--- ----S. 18-B---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44--- Writ petition--- Scope--- Review application--- Allotment of evacuee property as refugee---Powers of Custodian of Evacuee Property---Scope---Contention of petitioners was that allotment of evacuee property was secured fraudulently---Review petition was dismissed by the Custodian of Evacuee Property---Validity---Review petition had been disposed of on technical grounds and not on merits---Custodian of Evacuee Property had powers to decide all points with regard to dispute of person and property to be evacuee or non-evacuee and to decide the character of an allottee as a refugee or local destitute and legal heirs of shaheed etc. and he was also vested with the power to set at naught the allotment and proprietary rights transfer order---High Court under its writ jurisdiction could not embark upon the scrutiny of facts or evidence---Limitation was to be reckoned from the date of knowledge where fraud was alleged---Point of limitation was an issue of fact which was to be proved by the parties and same was within the competence of Custodian of Evacuee Property---Custodian of Evacuee Property was bound to decide such fact after necessary inquiry by giving opportunity to the parties to lead their evidence but he had failed to do so---Impugned order was against the principles of substantial and natural justice---Impugned order had been passed without lawful authority which had no legal effect---Custodian of Evacuee Property had failed to exercise powers vested in him---Impugned order was set aside and case was remanded for decision afresh in accordance with law. 1993 SCMR 618; 1993 SCMR 710; PLD 1993 Kar. 676; PLD 1993 Lah. 842; PLD 1981 SC 167; PLD 1975 SC 32; PLD 1956 SC 331; PLD 1972 AJ&K 58; PLD 1967 SC 372; PLD 1967 SC 392; 1984 CLC 2778; 1993 SCR 88; 1994 SCR 187; 1998 CLC 286; 1992 CLC 1861; 2000 YLR 2367; 1992 SCR 344 and 2004 CLC 895 ref. 1993 SCR 88; 1992 CLC 1861; PLD 1993 LHR 842; 1993 SCMR 618; 1993 SCMR 710 and 2000 YLR 2386 rel. THIS ORDER PASSED BY: SARDAR ABDUL HAMEED KHAN, J.--- The…

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