Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 45A

Law: Pakistan Rehabilitation Ordinance (XIX of 1948)

Section: 13(4)

Law: Government of India Act, 1935

Section: 223A

(a) Pakistan (Administration of Evacuee Property) Ordi­nance (X V of 1949), S. 45-A-Central Government not empo­wered to interfere in particular orders of allotment-"Regulating" administration of evacuee property-Scope of Central Government's authority-Interference in excess of authority-Writ of mandamus Government of India Act, 1935, S. 223-A. The petitioner was allotted an unregistered factory by the D. R. C. The previous allottee's appeal was dismissed as also a revision petition under section 13 (4) Rehabilitation Ordi­nance. He, however, succeeded in obtaining a stay order from the Central Government. Before the stay order could reach relevant authorities, possession of the factory had been transferred to the new allottee, whereupon, the Central Government directed that status quo ante be restored. The petitioner thereupon applied for a writ. The respondents relied upon section 45-A Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949). Held no general power of control can be spelt out of section 45-A such as could authorise the Central Government to interfere in particular orders of allotment. Such an interference has no legal sanction and can be ignored as a nullity in law. Neither can the Central Government issue an interim order directing restoration of status quo ante in a case where the new allottee had entered into possession inasmuch as the incidental power to issue an interim order could only rest on the founda­tion of a substantive power to set aside an allotment order. The word "regulating" in section 45-A, Evacuee Property Ordinance is one of limitation and the section does not invest the Central Government with any plenary or unrestricted powers. Section 45-A empowers the Central Government to issue orders or directions of a policy nature generally, regarding the administration of any evacuee property because only then could the administration be said to have been regulated. It is true that the use of the expression "any evacuee property" would seem to indicate that the order or direction can relate to a single unit of evacuee property also. It is not, however, difficult to conceive of cases in which such directions may be found…

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