Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part 1-Serais and mandies-Persons occupying individual residential or commercial units to be permitted to submit applications in accordance with instructions appearing at page 123 of Old Manual of Settlement Laws and Procedure-Chief Settlement Commissioner instead of acting according to instructions making direct order transferring serais to a father and son--Procedure adopted by Chief Settlement Commissioner, held, unusual and extra ordinary and High Court right in setting aside order. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched. read with Permanent Transfer (Houses and Shops) Rules, 1961-Principle that after issue of P. T. D. Settlement Authorities should not interfere in matter of transfer of property---Has reference to power of Settlement Authorities and not to power of judicial review vesting in High Court under Art. 98 of Constitution of Pakistan, (1962;-Constitution of Pakistan (1962), Art. 98. Anwar Hussain v. Sarfraz Ahmad P L D 1971 S C 669 con­sidered. ORDER ANWARUL HAQ, J.-This order will dispose of Civil Petitions for Special Leave to Appeal bearing Nos. 303 and 304 of 1972, which raise identical questions of law and fact. 7 hey are directed against an order made by a learned Single Judge of the Lahore High Court on 1-6-72, whereby Writ Petitions bearing Nos. 1317-R and 401-R of 1965, instituted by the respondents to these peti­tions were accepted, the orders of the Settlement authorities trans­ferring the properties in dispute were set aside, and the cases were remanded to the Deputy Settlement Commissioner for fresh decision in accordance with law after giving notice to the parties concerned. The property involved in the first petition is Sirai Duni Chand, and in the second petition it is Sirai Takht Ram, both buildings being situate in the town of Darya Khan in Bhakkar tehsil of the Mianwali district. The respondents, as petitioners in the High Court, had alleged that they were displaced persons from India and were in occupation of various portions of these Sirais, that they had filed the necessary applications for the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492