Law:

Section:

(a) Settlement Scheme No. VIII-- Read with Settlement Scheme No. II, Part A, para. 11 and Constitution of Pakistan ([973), Art. 185(3) Cancellation of auction of evacuee cinema Resumption Competent Settlement Authority directing petitioner, auction purchaser of evacuee cinema, to clear entire outstanding dues within 30 days of order and pointing out that in case of her failure to do so she will be a defaulter and property shall be liable to resumption Petitioner instead of depositing dues filing appeal before higher Settlement authority but her appeal dismissed Petitioner thereafter challenging such two orders by way of writ petition Writ petition disposed of by High Court by a consent order providing petitioner to pay balance of transfer price within period and in manner prescribed in agreement of parties Orders of Settlement authorities passed earlier and challenged before High Court, as such merged in order of High Court and from then onward parties had to act in accordance with agreement No question, hence, arose of Settlement authority having passed resumption order in pursuance of its own earlier order. (b) Settlement Scheme No. VIII Read with Settlement Scheme No. II, Part A, para. 11 and Constitution of Pakistan (1973), Art. 185 (3) Auction of evacuee cinema Resumption Petitioner not paying price of cinema auctioned in her favour for a number of years and although her transfer liable to cancellation yet new opportunity given to her by High Court to pay up the money Department also informing petitioner of amount due from her and directing to pay up amount and to get accounts reconciled yet no step taken by her to pay up balance price and on other hand petitioner again choosing to file another writ petition praying for suspension of order whereby consent order made Writ petition again dismissed Petitioner instead of challenging such order filing petition for leave before Supreme Court challenging consent order and such petition also dismissed Department during hearing of petition for leave to appeal also making a liberal offer saying that despite expiry of period given for paying up balance price it would not consider matter foreclosed if petitioner paid…

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