Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sch., para. 6 read with S. 21 (1) (b)-Auction of house -Reserve price Rs. 4,320 - A's offer Rs. 3,000 being highest accepted by Additional Settlement Commissioner who subsequently accepted B's offer on reserve price thus cancelling A's offer without notice to A-Order of Additional Settlement Commis sioner, held, without jurisdiction and quashed by writ of mandamus-Natural justice-Principles-No order can be passed against any person without giving him opportunity against proposed action.   Badrul Jalil, Rent Controller, Hyderabad and others v. Wali Muhammad P L D 1956 S C (Pak.) 259 applied.   JUDGMENT   ORTCHESON, J.-This is a petition by one Abdul Majid, who describes himself as resident of house No. 765-C, Bannu City, against (1) the Settlement Commissioner, Peshawar and Dera Ismail Khan Divisions, Peshawar, (2) the Additional Settlement Commissioner, Peshawar and Dera Ismail Khan Divisions, Peshawar ; and (3) Sufi Ghulam Muhammad, Superin tendent, Deputy Commissioner's Office, Bannu, for the issue of a writ of certiorari, quashing the orders of respondents Nos. 1 and 2 cancelling the auction sale in respect of house No. 765-0, Bannu City, in which the petitioner's bid had been approved, and for a writ of mandamus to respondents Nos. I and 2, directing them to restore the sale in favour of the petitioner.   The petitioner's case is that the house in dispute, which was formerly evacuee property, was allotted to his brother Abdur Rashid in 1948, and the petitioner took up residence in it with his brother. When the Displaced Persons (Compensation and Rehabilitation) Act, XXVIII of 1958 (hereinafter referred to as the Act) was passed the house in dispute was acquired by the Central Government by a notification under section 3 and, in accordance with the terms of the Settlement Scheme framed under the Act, was put to auction on the 23rd of November 1960 A by the Auction Committee, Bannu. None of the bids reached the reserve price of Rs. 4,320, the highest offer being that of the petitioner, namely, Re. 3,000.   According to the petitioner his…