Law:

Section:

Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958)--- Sched. and Rehabilitation and Settlement Schemes Nos. I & VI---­Entirely contradictory reports by two Settlement Inspectors one favouring petitioner and other favouring respondents--Remand of case to Settlement Authorities for fresh decision after proper inquiry into matter, factual position bearing on case being nebulous and obviating proper decision, held, amply justified in circumstances-No illegality having been committed, case, held, not fit for interference by Supreme Court. ORDER MUHAMMAD GUL, J.-This petition is from the order of the Lahore High Court dated 3-10-1972 remanding the case for fresh decision by the Settlement Authorities after enquiry into the matter in "accordance with law" in the circumstances set out below. The dispute concerns evacuee property bearing No. S-19-R-31 (ii) the Mall Lahore. The two contestants for its transfer are the petitioner herein a local, who alleged that the property had been duly transferred to him under Scheme No. VI on the basis of his possession since Independence and construction of pucca structure over it in which he is running a work­shop, and respondent 1, a claimant displaced person who alleges to be in its possession since before November 1957, and who had filed a C S form for its transfer which according to him still remains un-disposed of. Respondent 1 was the writ petitioner in the High Court, who having failed before the Settlement Authorities to secure the transfer of the property in his favour, moved the High Court in its writ jurisdiction. The case set up by him was that on 1-9-1959 he duly filed a C.S. form in the office of D. S. C. at Lahore for the transfer of the property on the basis of his possession. The form was received vide receipt No. 1-C. S./267. Not receiving any intimation as to the disposal of his form, he represented in writing a number of times enquiring about the fate of his form. Ultimately on a direction by the Chief Settlement Commissioner the D. S. C. entrusted the matter to the Settlement Inspector who reported on 30-4-1965 that a C. S. form was received on 1-9-1959 which was entered in the Receipt…

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