Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Transfer of evacuee available property--Petitioners application rejected on ground that property in question stood already transferred--On revision, case remanded and on spot inspection it was found by Deputy Administrator (Residual Properties) that disputed property was in possession of another person who had constructed a Pacca house over it--Petitioners application form was accordingly rejected and his writ petition against that order also failed--Leave to appeal--Plea raised that in circumstances Deputy Administrator (R.P.) should have proceeded to deal with case from stage where it was left by Settlement Authorities and Deputy Administrator exercising jurisdiction only under repealing Act, could deal with properties which were available for disposal and not properties which had already been disposed of--Matter having been closed once for all no further investigation, held, could be made--Impugned order not being open to interference, leave to appeal refused. (b) Constitution of Pakistan (1973)----Arts. 185(3) & 199--Connected writ petitions--Disposal of--Connected writ petitions concerning dispute over same property--Main writ petition having been dismissed earlier, other petitions also dismissed--Petitions for leave to appeal against that order being devoid of merits, dismissed. ORDER MIAN BURHANUDDIN KHAN, J.--The above-mentioned three petitions relate to connected matter, and, therefore, shall be. disposed of by this consolidated order. 2. In Civil Petition for Leave to Appeal 7/R of 1986 the dispute relates to a building site bearing Khasra No. 8679/5203 measuring 6 Marlas situated in Rawalpindi City. The petitioner applied for its transfer as available property in 1977 but the Deputy Administrator (Residual Properties), Rawalpindi dismissed the application of the petitioner per order, dated 21-8-1978 as the property was not available and P.T.O. having already been issued in favour of Miss Mumtaz predecessor-in-­interest of the contesting respondent who had purchased the said property from her. Revision petition was filed against the said order, dated 21-8-1978 before the Administrator (R . P. ),…

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