Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Allotment of land---Cancellation---Allotment of land was ordered to be  cancelled  and  resumed  on  Mukhbari  application  without  hearing  parties ---Mukhbari application was filed subsequent to sale and resale of allotted land by original allottee---Order resuming such land passed without hearing parties, was set. aside with the consent of parties and case was remanded to Notified Officer to decide afresh after hearing parties. Ch. Muhammad Nawaz Sulehri for Petitioner. Ghaus Muhammad Chaudhary for Respondents. Date of hearing: 6th June, 1993. JUDGMENT This Constitutional petition is directed against order dated 26-7-1983 of A.S.C. ordering resumption of disputed land from the name of Maley Khan, original allottee and his legal heirs. Brief facts relevant for the disposal of this writ petition are that Addl. Settlement Commissioner, Sialkot vide his order dated 16-11-1968 cancelled the disputed land from the name of Maley Khan under section 10 of Displaced Persons (Land Settlement) Act, 1958. Before this cancellation, the heirs of allottee, Khuda Bakhsh and others sold the same in favour of Khushi Muhammad vide registered sale-deed dated 27-8-1968 who in turn sold the same to the present petitioner and Mutation No. 87 was sanctioned in his name. Thereafter, respondents Nos. 6 to 12 filed Mukhbari application on which impugned order was passed by the Chief Settlement Commissioner ordering resumption of land from the name of allottee Maley Khan and his legal heirs.   It may be stated at the very outset that there was one joint Mukhbari application filed by respondents Nos. 6 to 12 on which impugned order has been passed. Respondents Nos. 7 and 9 are…