Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 21

Law: Constitution of Pakistan, 1962

Section: 98(2),98(a),98(i)

Law: General Clauses Act (X of 1897)

Section: 6

 (a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 21 read with Displaced Persons (Compen sation and Rehabilitation) (Amendment) Ordinance (II of 1962), S. 6 and Displaced Persons (Compensation and Rehabilitation) (Second Amendment) Ordinance (XIII of 1962), S. 2-Review Application pending before promulgation of Ordinance II of 1962 Powers of review not affected by promulgation of Ordinance General Clauses Act (X of 1897), S. 6.   Constitution of Pakistan (1962), Art. 98-Plea not raised in petition-Cannot be allowed at stage of argument.   Constitution of Pakistan (1962), Art. 98-Petition under Article-Question of fact-Cannot be entered into.   Constitution of Pakistan (1962), Art. 98(2)(a)(i)-Officer, passing impugned order, ceasing to be in Government service -Relief prayed for cannot be granted.   Dates of hearing : 2nd and 3rd March 1965.   JUDGMENT   SHAKIRULLAH JAN, J.-This is a petition under Article 170 of the late Constitution of Pakistan read with Article 2 (4) of the Laws (Continuance in Force) Order, 1958, preferred by K. A. Jamil, resident of Bungalow No. 1, Hospital Road, Peshawar Cantonment, through his wife Mst. Nur Jehan, for the issuance of a writ of prohibition to Raja Muhammad Ziaullah, Settlement and Rehabilitation Commissioner exercising the powers of Chief Settlement and Rehabilitation Commissioner and the Chief Settlement and Rehabilitation Commissioner (respondents Nos. 2 and 3, respectively) restraining them from entertaining and deciding the Review Application No. 197/PWR/PA, dated the 13th of February 1962.   Briefly, the facts of the case, as alleged by the petitioner, are that he is a displacedclaimant and is in authorised possession of Bungalow No. 1, Hospital Road, Peshawar Cantonment; since about five years before the 21st of December 1958. The bungalow in dispute belonged to Rai Bahadur Diwan Chand Oberai, Advocate, Peshawar, which was one tenement and the lease-hold was also in favour of one person and, moreover, in the records maintained in the offices of the Cantonment Board and the Military Estate Officer, it has been recorded as one indivisible unit and…