Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958). Ss. 10 & 11--Urban agricultural land--Vendee from confirmed allottee of such land--Leave to appeal granted to examine whether High Court was competent to set aside in constitutional jurisdiction orders of Additional Settlement Commissioner (exercising powers of Chief Settlement Commissioner). (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---Ss.10 & 11--Manifest duplicate allotment of land--Power under S.11, held, would be available for interfering with allotment made subsequently. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---Ss.10 & 11--Cancellation of confirmed allotment of land--Allotment of land which already stood confirmed could not be cancelled without proper notice and on good grounds--Subsequent allotment of such land which stood allotted and was not available for allotment to any one, had to be treated as a nullity and of no avail to subsequent allottee. (d) Constitution of Pakistan (1973)-- ---Art. 185(3)--Judgment of High Court in its constitutional jurisdiction, proceeded on erroneous assumptions with regard to facts and on the facts established it could not interfere with findings of facts recorded by delegatee of Chief Settlement Commissioner--Such of High Court was set aside and writ issued was recalled. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to Barkat' Hussain, a vendee from the confirmed allottee of urban agricultural land to examine whether the High Court had competently to set aside in' constitutional jurisdiction orders of the Additional Settlement Commissioner (exercising the powers of the Chief Settlement Commissioner) passed on 31-1-1974. Allah Dad since dead, predecessor-in-interest of the appellant had a verified claim for urban agricultural land. He got it transferred to Rawalpindi and the land measuring 8 Kanals 1 Marla was proposed against part of his verified claim. It appears that the proposal was confirmed on 24th of July, 1965. On 24th of June, 1967 the heirs of Allah Dad who were brought on revenue record by means of a mutation by a registered deed sold the…

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