Law:

Section:

Evacuee Trust Property Act, 1975 (XIV of 1975)-- ----S. 17--Constitution of Pakistan, 1973, Art. 199--Jurisdiction & Scope--Federal Government as Revisional Authority u/S. 17 of Act is competent to call for record and examine order and examine orders passed by chairman and this Court under constitutional jurisdiction is also competent to examine orders passed y chairman and revisional Authority and its legality--Property pertaining to Khasra No. 96, Tukra No. 1, Peshawar city has been correctly declared by the Chairman as an 'Evacuee Trust Property' and is not simple 'Evacuee Property' available for allottement to the displace persons under the Displace Persons (Compensation and Rehabilitation) Act, 1958--In this respect reliance is placed on the s of Hon'ble Supreme Court. PLD 2011 SC 126, 2009 SCMR 210 & 2009 SCMR 375, ref. THIS JUDGMENT DELIVERED BY: Muhammad Younis Thaheem, J.- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have called in question the order dated 07.4.2007 passed by Secretary, Government of Pakistan, Ministry of Minorities, Islamabad (Respondent No. 33) whereby Revision Petition No. 3-322/2005-Rev filed by Respondents No. 1 to 26 Mst. Rubina Ibad and others against the order dated 20.5.2005 passed by Chairman Evacuee Trust Property Board was allowed. 2. This case has long checkered history. Dispute among the parties is regarding land measuring 12 kanal and 08 marla relating to Khata No. 252 bearing Khasra No. 96, situated in Mahal, Tukra No. 1 Peshawar city was declared as evacuee trust property by the Chairman Evacuee Trust Property Board (hereinafter called as E.T.P.B) on the strength of Revenue Record vide Mutation No. 656 sanctioned on 26.06.1927 transferred to Trust under Panj Teerath Committee and other relevant record while Respondents No. 1 to 26 asserts that it was landed property leftover by the native Handus, and so was evacuee property in simple resultantly was included in the compensation pool by the settlement department under the Displaced Persons (Compensation & Rehabilitation) Act, 1958, hence was allotted to the refugees against their…

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