Law:

Section:

(a) West Punjab Refugees (Registration of Land Claims) Act (V of 1949)----- Registration of Claims (Displaced Persons) Act (III of 1956)­Neither Act of 1949 nor Rules framed thereunder gave any power of verification of claims-Claims organisation as such-Came into existence under Act of 1956 or under Ordinance II of 1955 which was replaced by Act of 1956. (b) Constitution of Pakistan (1973)--- --- Art. 199-Writ jurisdiction-Finding as to identity of a person based upon consideration of evidence and a finding of fact-Not challengeable in writ jurisdiction. ORDER HAMOODUR RAHMAN, C. J.-This order may be read in continuation of our order of the 29th of March 1974. In pursuance of the notice issued on the above-mentioned date, Mr. Hadayat Ullah Khan Mokal, Claims Commissioner, has appeared before us and informed us that he was also simultaneously appointed Rehabilita­tion Commissioner under Pakistan Rehabilitation Ordinance No. XIX of 1948, and at the time he held the enquiry, there was no other claims organisation in existence. The learned counsel's argument that in this case, since a part of the claim related to lands from agreed areas, the Registration of Claims (Displaced Persons) Act, 1956, had no concern and that such claims had to be verified under the Punjab Refugees (Registration of Land Claims) Act, 1949, do not appear to be correct. Neither the Act of 1949 nor the Rules framed thereunder gave any such power of verification at all. The authorities set up under the said Act and Rules were, as held by the High Court in the case of Nawaz Khan v. O. S. D. Central Record Office, Lahore (P L D 1967 Lah. 42) merely reporting agencies. In fact, as pointed out by this Court in the case of Nawab Syed Raunag Ali v. Chief Settlement Commissioner (P L D 1973 S C 236), the name of the officer on special duty, Central Record Office, for the first time, appeared in the Supple­mentary Rural Scheme No. I in 1957. Therefore, the claims organisation as such came into existence under the Registration of Claims (Displaced Persons) Act, 1956, or under the Ordinance which this Act replaced, namely, Ordinance No. II of 1955. Another reason for holding that the claims organisation…

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