| Citation(s) |
|---|
| 1966 SLG 5221 = 1966 SLD 5221 = 1966 PLD 372 |
WEST PAKISTAN, KARACHI
Writ Petition No. 887 of 1963, decided on 25th January 1966.
Presented By: Wahiduddin Ahmed, J
Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C 104 and Haji Dawood v. Abdul Qawi P L D 1964 Kar. 161 ref. Naimuddin for Petitioners. S. M. Lakhani for
Respondent No. 2. Shahabuddin for
Respondent No. 8. Dastagir for
Respondent No. 10. V. P. Shaikh for
Respondents Nos. 24 and 25.
Writ Petition No. 887 of 1963, decided on 25th January 1966.
Presented By: Wahiduddin Ahmed, J
Yousaf Ali v. Muhammad Aslam Zia and 2 others P L D 1958 S C 104 and Haji Dawood v. Abdul Qawi P L D 1964 Kar. 161 ref. Naimuddin for Petitioners. S. M. Lakhani for
Respondent No. 2. Shahabuddin for
Respondent No. 8. Dastagir for
Respondent No. 10. V. P. Shaikh for
Respondents Nos. 24 and 25.
ROCHOMAL AND OTHERS-Petitioners
VERSUS
SETTLEMENT AND REHABILITATION COMMISSIONER, HYDERABAD AND OTHERS-Respondents
Law: Pakistan Rehabilitation Act (XLII of 1956)
Section: 7(2),7(b)
Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)
Section: 23,25(2)
Pakistan Rehabilitation Act (XLII of 1956)-----S. 7 (2) (b) and Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 23 & 25 (2)-Property allotted as evacuee but subsequently losing that character-Authority bound to remove allottees and restore possession to owners declared non-evacuee-No limitation prescribed for restoration. Date of hearing: 10th January 1966. JUDGMENT This writ petition is directed against the order of the Settlement and Rehabilitation Commissioner in Miscellaneous Application No. SCR/Misc. 170 of 1963. By this order the learned officer declined to pass an order for restoration of the properties belonging to the petitioners. The facts material for the decision of the petition may be shortly stated: Petitioners 1 to 3 are Pakistani nationals. On 31st August 1950, they were declared as non-evacuees by the Central Government as disclosed in the order of the Custodian of Evacuee Property, Sind and Federal Capital, Karachi dated the 31st August 1950, The status of petitioners 1 and 2 were further determined as non-evacuee by Mr. Riasuddin Ahmad, the then Additional Custodian (Judicial) by order dated the 7th December 1954. This order was confirmed by the Custodian on 19th March 1956. The non-evacuee status of petitioner No. 3 was likewise further confirmed by the Custodian by order dated the 10th November 1954. The petitioners claim interest in 1385.13 acres of land situated in District Sanghar. In some of these lands Dhalumal, Wadhumal and Khemchand, who are evacuees, have also shares. In February 1962, the petitioners, therefore, made an application to the Settlement and Rehabilitation Commissioner who directed by his order dated the 20th March 1962, the Assistant Rehabilitation Mukhtiarkar and A. S. C. (L) District Sanghar, Shahdadpur to partition the lands of the petitioners and the above-mentioned non-evacuee persons. Accordingly the Assistant Rehabilitation Mukhtiarkar by order dated 8th September 1962, partitioned the lands of the petitioners. Respondents Nos. 2 to 26, who are allottees of most of the lands indispute, challenged this order before the Deputy Commissioner and…