Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

  Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 10/11---Allotment of land, cancellation of---Land duly allotted, subsequently was sold by its allottee to various persons---Informer moved application against original allottee without impleading vendee-, from allottee for cancellation of allotment in favour of allottee on ground that allotment way obtained fraudulently---Authority cancelled allotment without hearing bona fide purchasers from allottee despite it was fully conscious that land in dispute was sold by allottee to various persons whose names could be ascertained from revenue record---Order cancelling allotment passed without hearing bona fide s purchasers thereof through registered 'sale-deed, being contrary to cardinal principles of natural justice, was illegal and could not sustain. Muhammad Saleem Sheikh for Petitioner. M. Muhammad Aqil Chughtai for Respondent. ` Date of hearing: 28th June, 1992. JUDGMENT Muhammad Siddique petitioner herein through this writ petition has assailed the validity of the order dated 14-9-1976 passed by respondent No.1 whereby the allotment of the land made in favour of the predecessor-in interest of the petitioner, namely, Ijaz Ahmad was cancelled, The petitioner claims that the land measuring 62 Kanals 12 Marlas situated in village Garjakh, District Gujranwala, was allotted/ confirmed on 29-6-1966 in favour of Ijaz Ahmad. Out of the aforesaid land the petitioner purchased 42 Kanals 2 Maflas for sum of Rs.35,000 through a sale-deed   26-4-1967, which was registered on 9-6-1967 in his favour. The transaction was mutated in his favour on 29-7-1967 and reflected in the subsequent record of rights. On 12-2-1974 the respondents Nos. 3 to 6 moved an application under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958, against Ijaz Ahmad, the predecessor-in-interest of the petitioner on the ground that the allotment of land in question was obtained by him fraudulently. The informers did not implead the vendees in the application. The learned Additional Settlement Commissioner after perusing RL-11 and verifying certain facts from the Patwari held vide impugned order dated…