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(a) Constitution of Pakistan (1973)-----Art. 185(3)--Martial Law Regulation, 1959 [C. M. L. As.] No.9, First Schedule, item I--Leave to appeal granted to consider questions; whether allotment made within Border Belt could be made only by Border Area Allotment Committee; whether urban land within border area came within ambit of Martial Law Regulation No. 9 of 1459; and whether Settlement Department was competent after promulgation of Martial Law Regulation No. 9 of 1959 to allot land to any person other than a claimant as defined in Item (1) of First Schedule to Martial Law Regulation No 9. (b) Constitution of Pakistan (1973)-----Art. 183(3)--Martial Law Regulation No.9 of 1959, First Schedule, item I--Allotment--Border Area--High Court after thorough scrutiny of original record coming to conclusion that allotment and confirmation of land in favour of appellant was a fictitious and fraudulent transaction and procured by him for his own benefit; that he had already obtained fifty Acres of land in border area and could not obtain any further area in Border Belt through allotment and that name of other person had been used by him merely to bolster his own land holding in border area--Order granting leave to appeal recalled. (c) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Constitutional jurisdiction--Highly discretionary jurisdiction. Najmul Hassan Kazmi, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for Appellant. Malik Muhammad Qayyum, Dy. A.-G. for Respondents Nos. 1 and 2. Ch. Fazal-i-Hussain, Advocate-on-Record (absent) for Respondent No. 3. Sh. Abdul Manan, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record for Respondent No.4. Date of hearing: 7th May, 1985. JUDGMENT NASIM HASAN SHAH, J.--The facts, which form the background, are that an area measuring 52 Kanals 17 Marlas of land situated within the Municipal Limits of Kasur bearing Khasra Nos. 6533 to 6544 and 6551 was confirmed in the name of Qadir Bakhsh, respondent No.2, a refugee from Muradabad (India) by order, dated 19-4-1965 passed by the Deputy Settlement and Land Rehabilitation Commissioner, Kasur under the Displaced Persons (Land Settlement) Act, 1958. On…

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