Law:

Section:

Constitution of Pakistan (1973)---Arts. 185(3) & 199 read with Displaced Persons (Land Settlement) Act (XLVI1 of 1958) and Rehabilitation Settlement Scheme (Part II), para. 20 Transfer of land Safeguard of interest of refugees pending verification of their claims Leave to appeal Granted to consider whe¬ther High Court, in setting aside order of Additional Settlement Commissioner, ignored provision of para. 20 of Settlement Scheme (Part II). ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal ,against the judgment dated 19 8 1975 passed by a learned Single Judge of the Lahore High Court, whereby the writ petition filed by the respondents (W.P. No. I 10 R of 1975) was accepted and the order of the Additional Settlement Commis-sioner dated 6 2 1975 passed in favour of the petitioner herein was set aside. The relevant facts are that the petitioner, who was the temporary allottee of the land in dispute, had submitted claim in respect of the evacuee agricultural land abandoned by his father, Habib Ali, in Patiala State (East Punjab). This was verified to the extent of one Bigha and 8 Biswas only and7 in lieu thereof he was confirmed 19 Marlas out of the land in his temporary allotment. The remaining area was allotted to the respondents. However, according to the petitioner, this allotment was subject to re-verification of his claim for which he was agitating on the ground that he was also entitled to the area abandoned by his real uncles. On re-verification, the petitioner herein was found to be entitled to the area abandoned by his uncles, Imamuddin and Wazir Ali, on the basis that he was their sole heir. In the meantime, as the area in dispute had been allotted to the respondents, the petitioner could not get any benefit of this re-verification. After protracted litigation including a writ petition filed by the Petitioner before the Lahore High (W. P. No. 842 of 1964), whereby the case was remanded by the High Court vide its order dated 17 11 1971 to the Rehabilitation and Settlement authorities, to allow the Central Record Office to examine the plea of the petitioner, with regard to his claim to the area abandoned by his uncles ; the Additional…

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