Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----Schd., Part II--Shop, transfer of-Stay order-High Court grant­ing stay order 4 days before holding of auction and its confirmation same day-Notwithstanding stay order having reached after passing of confirmation order, auction, held, could not be legally confirmed. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----Sched. Part II-Shop already disposed of in auction-Not available for transfer until confirmation refused. (c) Constitution of Pakistan (1962)- -- Art. 98-Writ proceedings-High Court dismissing writ petition-To allow impugned order to remain as it was-Any amendment not advisable-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part II. ORDER SALAHUDDIN AHMED, J.-The petitioner is a local and he has become aggrieved by the order of a learned Single Judge of the Peshawar High Court refusing to set aside the order of the Settlement and Rehabilitation Commissioner (respondent No. 1) dated the 14th of November 1970, whereby the case had been remanded to the Additional Settlement and Rehabilitation Commissioner for "taking up approval or otherwise of the auction proceeding in favour of the petitioner". The dispute between the parties is over shop No. 864-A/865 situated on City Circular Road, Peshawar Cantt. On the 7th of March 1961, the shop was transferred to one Muhammad Yaqub through negotiation. The petitioner being a local did not apply for it as Scheme No. VIII had not till then come into force. On the 26th of July 1961, one Muhammad Ibrahim made an application for transfer of the disputed shop and some other shops on the basis of his possession of shop No. 864. In June 1962, the learned Settlement Commissioner ordered that three shops, namely, Nos. 863, 864 and 864-A/e,65 should be put up to auction separately, Accordingly on the 19th of June 1962, the shops were auctioned and respondent No. 4, Abdul Ghafoor, was declared purchaser of the disputed shop. The auction was confirmed in his favour on the same day, It appears, however, the on the 9th of June 1962, the aforesaid Muhammad Yaqub approached the High…

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