Law: Administration of Evacuee Property Act, 1957

Section: 43(6)

Keywords: Result: Raja Saeed Akram Khan, J.- This appeal by leave of the Court has been directed against the judgment of the High Court dated 25.03.2014, whereby the writ petition filed by the appellants, herein, has been dismissed. 2. The facts necessary for disposal of this appeal are that the appellants, herein, filed a writ petition in the High Court, alleging therein, that the land comprising survey Nos.967, 1479-min, 968/1-min and 426, measuring 51 kanal, 17 marla, situate at village Goi, was allotted to their father and Proprietary Rights Transfer Order (PRTO), was granted in his favour on 26.08.2002. The private respondents challenged the said PRTO by way of a review petition before the Custodian of Evacuee Property. The learned Custodian while accepting the review petition cancelled the PRTO issued in favour of the allottee vide order dated 13.10.2009. They prayed for setting aside the order of the Custodian passed in review jurisdiction. The learned High Court after necessary proceedings, dismissed the writ petition vide impugned judgment dated 25.03.2014, hence, this appeal by leave of the Court. 3. The arguments were heard and judgment was kept reserved, however, while drafting the judgment, we felt advised that more assistance is required on the point; whether the powers of review vested in the Custodian under section 43(6) of the Administration of Evacuee Property Act, 1957 can be exercised more than once or not? Upon this, the matter was re-fixed for hearing and a request was made to a senior member of the Bar, Raja Hassan Akhtar, Advocate, to assist the Court on the point. 4. Sardar Ejaz Nazir, Advocate, the learned counsel for the appellants argued that the impugned judgment of the High Court is against law and the facts of the case which is not sustainable in the eye of law. He submitted that the learned single judge of the High Court failed to adhere to law on the subject. He submitted the PRTO issued in favour of the (allottee) the predecessor of the appellants was cancelled by the Custodian while exercising the powers of review, therefore, there was no other remedy available to the appellants except to invoke the extraordinary…

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