Law:

Section:

Constitution of Pakistan (1973)---Arts.185(3) & 199--Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), Ss.2 (4), 10 & Sched-Transfer of dilapidated house through auction--Order of Settlement Commissioner passed after applying his mind to facts of case found neither without lawful authority nor improper--Held, not open to interference by High Court in writ jurisdiction- -Petition converted into appeal, writ recalled and order of Settlement Commissioner restored--Provisional Constitution Order (1 of 1981), Art.9. Ghulam Qadir and others v. Abdul Sattar and another P L D 1984 S C 12 not relevant. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 27-4-1982 of the Lahore High Court; whereby in a case relating to urban settlement, respondents; Constitutional Petition was allowed. The house in question, it is stated was in a dilapidated condition and was accordingly put to auction in 1961. The petitioner was highest bidder at Rs.19,200. This auction was confirmed in his favour on 20th December, 1962. An amount of Rs.5,684 was adjusted from his compensa­tion-book. He, however, made an application on 23rd of October, 1967 for reduction of the price on account of the dilapidated condition of the house. It was rejected on the 26th October, 1967. But before this rejection the house had been resumed on 24th of October 1967--during the pendency of the said application. An appeal was filed by the petitioner against the order of resumption, dated 24th October, 1967. Prior to the rejection of the application for reduction of the price the Department had included the house in the list for auction but there was no bid for the same. It was again put to auction during the pendency of the petitioner's appeal on 24-10-1967 but again no bid was offered. Thereafter the office recorded the note on 6-2-1968 that although the reserve-price was Rs.15,792 no bid was being offered. Therefore, the reserve-price merited to be reduced by 50% to Rs.7,896. This proposal was by the D.S.C. and was marked to the competent authority in this behalf i.e., Additional Settlement Commissioner for the approval. But it is an admitted fact…

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