Law:

Section:

Evacuee Properties and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 3---Constitution of Pakistan, Art.199---Constitutional petition---Undisposed evacuee property---Contention of petitioner was that shops in question were allotted to him and one room on the ground floor of shops had not been allotted to anyone---Settlement department on appeal had found that room in question would retrieve to the Government---Findings recorded by the Settlement Authorities were reasonable and legally justified and no illegality had been committed---Constitutional petition was dismissed. Muhammad Din and others v. Ghulam Muhammad Naseem Sindhu and others PLD 1991 SC 1 rel. THIS JUDGMENT DELIVERED BY: MRS. IRSHAD QAISER, JUSTICE:---.--- Haji Shah Zaman Baig petitioner seeks constitutional jurisdiction of this Court and praying that:-- "It is, therefore, prayed that the judgments and order of the respondents Nos.1 to 3 be struck down and set aside and the petitioner be declared as the owner of house/Bala Khana No. 429 as per PTD or any other appropriate relief for which the petitioner is held entitled." 2. The brief and essential facts leading to the present petition are that petitioner claims that property bearing No. 429 consisting of a house cum 'Bala Khana' along with two shops Nos.427 and 428 being evacuee property, situated in Lohar Gali, Abbottabad was allotted to him in the year, 1948. However, in the year, 1960 the shops were declared as commercial, while 'Bala Khana' as residential properties. The allotment of shops was cancelled from the claim of the petitioner and only 'Bala Khana' bearing No. 429 was allotted to the petitioner and that too on evaluation basis, for which the petitioner had paid Rs.5,040 vide final order of Settlement Commissioner, Peshawar dated 8-3-1967. In pursuance to the notice dated 28-6-2003 issued by Tehsil Municipal Administration, Abbottabad for demolishing the building being hazardous, the petitioner demolished 'Bala Khana' for reconstruction. In the meanwhile, Haji Imtiaz Ahmad and Haji Muhammad Riaz (respondents Nos.4 and 5) moved an application before Deputy Settlement Commissioner, Abbottabad (respondent No. 3) for allotment…

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