Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXXIII of 1958) -----Ss. 10 & 11 Transfer of evacuee property. Delegate of Chief Settle¬ment Commissioner in exercise of powers under Ss. 10 & 11 making his adjudication entirely dependent on finding of a third Authority, without applying his own mind and without determining matter in issue him¬self Held, a case of abdication of jurisdiction, surrender of discretion and failure to exercise jurisdiction possessed by such delegate Authority [Jurisdiction]. A. H. Najafi, Advocate with S. Ali Imam Naqvi. Advocate on Record for Petitioner Yaqub Awan, Advocate with S. Wahid Haq, Advocate on Record for Respondents Date of hearing: 12th February, 1980. ORDER SHAFI UR RHMAN, J The petitioner, an informer, seeks leave to appeal against the judgment of the Lahore High Court dated 14 11 1979, whereby the order of the delegate of the Chief Settlement Commissioner declaring the, allotment of the respondents as fraudulent has been set aside and the mistake in the percentage in the verified claim of Abdur Rashid respondent has been declared by the High Court to be clerical. 2. The respondent Abdur Rashid submitted his claim for verification. He disclosed his parentage as Mehr Ali. The verified claim received showed the parentage as Amir Ali. He received the allotment of land. The petitioner moved an application as an informer that the allotment made was bogus and fraudulent this Abdur Rashid was not the son of Amir Ali. The matter was considered by the Deputy Commissioner' as delegate of the Chief Settlement Commissioner. He adopted an unusual course to repel the defence of Abdur Rashid respondent, who had taken the plea that the claim was his, that there was a clerical mistake inasmuch as the name of his father in the verified claim had been entered as Amir Ali while it should have been Mehr Ali. The delegate of the Chief Settlement Commissioner authorised one of his Extra Assistant Commissioners Revenue who was incidentally going to Lahore to go to the Central Record Office and ascertain this fact of clerical mistake. It is said that the Extra Assistant Commissioner made a report that the name as entered in the…

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