Law:

Section:

(a) West Pakistan Rehabilitation Settlement Scheme--- Para. 23 West Pakistan Rehabilitation Settlement Scheme having., been issued by Rehabilitation Commissioner under S. 6(1) of Pakistan Rehabilitation Act, 1956 and adopted for purposes of Displaced Persons (Land Settlement) Act, 1958 by virtue of S. 2(2) of such Act, Scheme, held, possesses statutory force. [Interpretation of statutes]. (b) West Pakistan Rehabilitation Settlement Scheme ---Para. 23 read with General Clauses Act (X of 1897), S. 21--¬Rehabilitation Commissioner having been delegated power to issue orders consistent with Scheme for its proper implementation, power conferred on statutory functionary to press orders also including power to amend or vary same, Rehabilitation Commissioner, held, competent to issue memorandum even if same in effect modified para. 29 of instruction already issued by him in exercise of same power. [Inter¬pretation of statutes]. West Pakistan Rehabilitation Settlement Scheme Para. 23 read with Memo. No. 4704 58/2919 R (P), dated 12 8 1958 Validity of orders Challenge in writ jurisdiction Orders passed palpably against instructions contained in Memorandum in question Void ab initio and, held, rightly directed by High Court to be ignored Constitution of Pakistan (1973), Arts. 199 & 185(3). (d) Martial Law Regulation [C. M. L. A.'s 89 of 19621 Art. 12 f as amended by M. L. R. 91] read with Constitution of Pakistan (1962), Arts. 6(3) & 8(3) (b) Constitutional protection Con¬stitutional protection having been extended to M.L.R. 89 under Art. 6(3) of Constitution of Pakistan (1962) vide Art. 8(3)(b) Orders of allotment processed under provisions of Regulation and fresh allotment issued thereafter, held, beyond reach of court's jurisdiction. JUDGMENT ZAFFAR HUSSAIN MIRZA, J. This is an appeal by special leave against the judgment and order, dated 2 7 1974 passed by a learned Single Judge of the Peshawar High Court, Peshawar, whereby the writ petition filed by the appellants was dismissed. 2. The question of law that requires consideration in this case is whether the instructions issued by the Rehabilitation Commissioner, West Pakistan, contained in his Memorandum No.…

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