Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2 , 199

  Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Notified Officer rejecting petitioners' claim for allotment of land in question-- Validity---In pre-remand proceedings statement of Patwari of the concerned area was recorded before High Court; wherein he had admitted with the help of the relevant record the factum of allotment of land in question in: favour of petitioners---Statement of Patwari having not been controverted at any stage would hold the field relating to allotment of land---Notified Officer was also a party before High Court in pre-remand proceedings when such statement was recorded---Having failed to challenge statement of its own official in High Court, Notified Officer was estopped to challenge entries in R.L.II which were admitted to be correct by Patwari, the keeper of the record---Objection to correctness of relevant record having not been taken. before High Court at the earliest time, could not be taken suo motu by Notified Officer after four years while passing order in question---Order passed by Notified Officer was, thus, without lawful authority and of no legal effect ---Petitioners were deemed to be allottees of the land in question. Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2---Constitution of Pakistan (1973), Art. 199---Entitlement to allotment of land in question---Petitioners being allottees of [and in question, and same having been confirmed in their name from 14-2-1956, allotment of such land in the name of respondent on the pretext of same being State land was unwarranted---Proceedings relating to petitioners' dispossession was declared to be without lawful authority and of no legal effect---Authorities were directed to incorporate names of petitioners in the column of owners of Jamabandi in then current register Haqdaran-e-Zamin with further direction that possession be restored to them.   Nawab Din v. Member, Board of Revenue Settlement and Rehabilitation Punjab, Lahore and 4 others PLD 1979 SC 846 and Inayat Bibi v. ASC and Chief Settlement Commissioner PLD 1978…