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 of---Original allottee voluntarily applied for cancellation of land allotted to him in excess of his entitlement subject to exercise his choice to retain particular land---Authority cancelled excess area from name of original allottee, but not according to his choice and such cancelled area was allotted to other persons---Original allottee having insisted to exercise his choice, Authority cancelled allotment of other allottees in respect of excess area and restored same to original allottee on basis of his choice---Original allottee who was in possession of disputed land, was in law competent to retain same exercising his choice and other persons from whose name same was cancelled had no legitimate claim in respect thereof for the simple reason that original allottee being first allottee was in possession of same and Authority in spite of his request did not, cancel land according to his choice---Order restoring land in dispute to original allottee not being in any way arbitrary or illegal, could not be interfered with. A.R. Shaukat for Petitioners. Nazir Ahmad Oureshi for Respondents Nos. 3 to 7. Sh. Muhammad Hanif for the Settlement Department. Date of hearing: 12th October, 1993. JUDGMENT This judgment shall dispose of Writ Petition Nos. 1045-R/77, W.P. 325-R/82 and W.P. 326-R/82.   Briefly the facts of the case are that claimant Shahdin was holding excess land and he voluntarily applied for cancellation of the same praying that out of the total land he was entitled to retain an area to the extent of 1289 units. This was vide his application dated 14-5-1960 where he prayed that particular land should be cancelled and in this way he exercised his choice to retain the land as against his entitlement of 1289 units. The cancellation was made on 1-6-1960 and the excess area was allotted to Lakhey Khan, predecessor-in-interest of the petitioners and also some other persons. It appears that the excess area was cancelled from the name of Shahdin not according to .his choice. Shah Din was insisting to exercise his choice and finally Tehsildar…