Law:

Section:

Keywords: Pending Proceedings, Coram Non Judice, Rehabilitation, Property, Costs, Petition, Board Of Revenue, Issuance, Sale Deed, Disposed Of, Notice, Dispute, Land, Non-Evacuee, Government, Orders, Copy, Maintain, Order, Parties, Status Quo, Objections, Competent Authority, Natural Justice, Lands, Proceedings, Notification, Survey, Impugned Order, Division, Petitioner, Constitutional Petition, Properties, Set Aside, Land In Dispute, Record Of Rights, Evacuee Property, Register, Copies Result: Case remanded JUDGMENT This constitutional petition is directed against that part of the order passed by the. Settlement Commissioner (Land), Sukkur Division, on 16th July,1975, whereby he held that Survey Nos. 500, 504;2, 505, 496, 498 and 499, in Deh Trimonh, Taluka Rohri, District Sukkur, measuring 23 acres and 14 ghuntas, are non-evacuee properties and belong to the third respondent, Naraindas. 2. Mr. Akhtar Mahmood, the learned counsel for the petitioner, has raised two-fold objections against the impugned order. His first submission was that despite the fact that the petitioner was the legal purchaser, through a sale deed, of the aforesaid land from one Aziz Ahmed Alvi, the sole successor of the original Claimant and allotee, Syed Habib Alvi, the impugned order. Was passed behind his back and neither notice, of the proceedings was issued to him nor any opportunity was given to a him to press his claim. In support of this contention he referred me to a certified copy of the impugned order which admittedly does not refer either to the petitioner or his predecessor in title. The second objection which Mr. Akhtar Mahmood raised against the impugned order was that it was passed by an in competent authority. The learned Counsel submitted that by the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974, which was subsequently replaced by Act No. XIV of 1975, the various Settlement and Rehabilitation laws were rep.-aled and it was provided that all pending proceedings under the repealed enactments were to be transferred to dis posal to officers notified in this behalf by the Provincial Government. The learned Counsel further elaborated his contention by…

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