Law: Pakistan (Administration of Evacuee Property) Act, (XII of 1957)

Section: 18B

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Pakistan Administration of Evacuee Property Act (XII of 1957)--- ----S. 18-B---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---Allotment of land---Cancellation of---Custodian of Evacuee Property, powers of---Custodian of Evacuee Property was a special tribunal of exclusive jurisdiction findings of which could not be nullified in exercise of writ jurisdiction until and unless some departure from any settled law or its violation was established or same was passed without jurisdiction---No such violation of law had been pointed out in the present case---Petitioner had abandoned his right of allotment while recording his statement during the proceedings of cancellation of earlier allotment---Said order was not challenged by the petitioner---Petitioner had managed to obtain further allotment and also applied for "Proprietary Rights Transfer Order"---Custodian of Evacuee Property took cognizance of the matter and cancelled the allotment declaring the same as illegal---Previously land measuring sixty four kanals was allotted in favour of petitioner and thereafter with his consent he got cancelled the allotment of land to the extent of twenty four kanals and sixteen marlas---Petitioner recorded his statement before the Custodian of Evacuee Property and stated that in lieu of cancelled land no other allotment be made in his favour---Petitioner, in circumstances, was not entitled to any further allotment of land---Subsequent allotment of land measuring twenty three kanals and two marlas in the name of petitioner was contrary to the order passed while cancelling the earlier allotment of land---Where allotment was made in violation of any law or without jurisdiction, Custodian of Evacuee Property was competent to cancel the same---Petitioner, in the present case, had not come to the Court with clean hands rather sought the protection of ill-gotten gain contrary to Court order---Presumption of correctness was attached to the official/judicial orders---Impugned was based on sound reasons---No illegality or departure from any law had been pointed in the findings recorded by the Custodian of Evacuee Property--- Writ could not be issued…

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