Law:

Section:

Keywords: Illegal, Mutation, Interference, Constitutional Petition, Counter Affidavit, Jurisdiction, Petition, Allotment, Disposal, Notice, Commissioners, Petitioner, Land, Constitution, Service Of Notice, Notification, Survey, Allotment Of Land, Evidence, Order, Natural Justice, Cancellation Result: Petition dismissed JUDGMENT This Constitutional Petition under Article 199 of the Constitution is directed against the order passed by Deputy Commissioner & Settlement Commissioner. Sukkur, dated 24-11-1973 cancelling the double allotment of survey No. 54 measuring 2 arces and 28 ghuntas in Deb Pannukhalso, Taluka Ghotki. 2. The facts in brief are that respondent Zafaryab Hussain was transferred the disputed land along with other land against his verified claim on 24th December, 1959 and Khatoni was issued to him. There after the entitlement of the claimants was reduced and the excess land including survey No. 54 was surrendered by respondent Zafaryab Hussain in the year 1961. As provided under the scheme for disposal of surrendered land under Martial Law Regulation 89/91 which was published on 28-12-1961, respondent Zafaryab Hussain applied for repurchase of the surrendered land on instalment basis since he had the first option. After the instalments were paid in full during six years Zafaryab Hussain asked for mutation of the land in his favour. It was then detected that there had been double allotment and survey No. 54 had been transferred to petitioner Lal Khan on 31-5-6U. A petition was then filed by Zafaryab Hussain in the Court of Deputy Commissioner & Additional Settlement Commissioner (Land), Sukkur for revising the illegal order of Mukhtiarkar & Assistant Settlement Commissioner, Ghotki allot. Ting this land to petitioner Lal Khan. The petition was heard and decided by the Deputy Commissioner & A. S. C. (Land), Sukkur on 24-11-1973. In this order it was stated that respondent 1,al Khan was absent. But it was not necessary to wait for him as the case was to be decided on the basis of the record. It was found that the land had been allotted to respondent Zafaryab Hussain on 29-10-1959 and thereafter to Lal Khan on 31-1- 1960. The second and…

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