Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958), S. 21 read with S. 31(2)-Chief Settlement Commissioner's Notification No. 1313: Admn-Reh./62 dated 26-4-62-Held: Notification, apart from not having been published in official Gazette, conferred no jurisdiction on Settlement Commis­sioners mentioned therein to review order of Chief Settlement Com­missioner when no review petition pending before 13-1-62 ;,­Notification itself was unauthorised in view of fact that it was issued on 26-4-62 whereas very power of review was taken away on 13-1-62 by Ordinance II of 1962-Notification did not delegate power of suo motu review. (b) Constitution of Pakistan (1962), Art. 98-Writ petition filed by A allowed to be dismissed on ground of its having become infructuous because of a favourable order passed by authority below on suo motu review of impugned order-Subsequent litigation by opposite party B altering situation once again-Petitioner, in circum­stances, held, may make a prayer in High Court for restoration of his dismissed writ petition. JUDGMENT M. R. KHAN, J.---This appeal, by special leave, is directed against the judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, in Writ Petition No. 1259-R of 1963 by which the case was remanded to the Chief Settlement Commissioner with direction to take up a review matter himself and to decide the same in accordance with law. The dispute giving rise to the writ petition related to Property No. 214/B-III, situated in Sabzi Mandi, Montgomery (now Sahiwal), which is a double-storeyed building consisting of a shop and a residential portion having 10 rooms. The different portions of this property were in possession of several persons, including Muhammad Sharif respondent No. 1 and Khuda Bakhsh (appellant herein). The appellant, a claimant displaced person was in possession of the shop, four rooms on the ground floor and one room with a bath room on the first floor. He submitted both C. H. and C. S. forms and prayed for the transfer of the entire building to him. The respondent No. 1, who was in possession of one room on the first floor is also a claimant displaced person and he…

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