Law: Pakistan Rehabilitation Ordinance, (XIX of 1948)

Section: 11 (4)

Pakistan Rehabilitation Ordinance (XIX of 1948)------   ---S. 11 (4) Rehabilitation Commissioner's powers of revision-Cases of large number of persons to be revised-Ground common to all-General notice proclaimed by beat of drum-Valid-"Omnibus" order passed without granting individual hearing or consideration of individual record-Valid - Pakistan Rehabilitation Rules, 1951, r. 8-[Civil Appeal No. 3/1 of 1959 fol. Abdul Ghafoor v. The Rehabilitation Commissioner P L D 1958 Lah. 48 mentioned].  JUDGMENT   MANZUR QADIR, C. J.-this is a Letters Patent Appeal against an order of a learned Single Judge in Chambers which was made on the 29th of November 1961.   In 1956 the Rehabilitation Commissioner came to the conclusion that in Chak No.303/E.B., Tahsil Vehari, District Multan, a large number of sitting allottees had been deprived of their rights contrary to the Rehabilitation Settlement Scheme. After giving a general notice by a proclamation of his intention to set aside all the allotments in that Chak and after hearing such persons as appeared in response to the notice given through proclamation, the Rehabilitation Commissioner on the 3rd of November 1956 set aside all the allotments previously made in the aforesaid Chak and gave instructions as to how those allotments should be made afresh. Certain persons, who were adversely affected by this order, having failed to have it modified depart mentally, moved this Court in exercise of its writ jurisdiction to set aside the order of the Rehabilitation Commissioner. The writ petition was filed in April 1960, i.e., nearly four years after the order that was being challenged.   Meanwhile, on the 15th of November 1957, an order of the Rehabilitation Commissioner which, in substance, was almost identical with the order in question here, came up before a Division Bench of this Court in the case Abdul Ghafoor v. The Rehabilitation Commissioner (P L D 1958 Lah. 48): It was held in that case that a Rehabilitation Commissioner has no power to pass an omnibus order in exercise of his revisional jurisdiction and that before revisional jurisdiction could be exercised it was necessary to give…