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Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Transfer of evacuee shop through negotia­tions--Whether to be disturbed after lapse of 17 years--Evacuee shop transferred in favour of petitioner through negotiations--Order impugned by original transferee--Original transferee found disentitled by Settlement authority but shop put for disposal through open auction-­Supreme Court granted leave to appeal to consider that petitioner having been found entitled to transfer of shop through negotiations in 1968 and original transferee ultimately, held, not entitled to its transfer, there appears no reason for not transferring it in favour of petitioner and maintaining orders passed in her favour 17 years ago. M. Maqbool Sadiq, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. M.A. Qureshi, Advocate-on-Record for Respondent No. 1. Sh. Salahuddin, Advocate-on-Record for Respondents Nos.2 to 3. Date of hearing: 13th November, 1985. ORDER NASIM HASAN SHAH, J.--In this case, the transfer of a shop bearing No.543 Machhli Bazar, Bahawalpur, is involved. This shop was put to open auction on 2-3-1960 and the highest bid for it was made by Bundoo, respondent No.l herein. The shop was resumed for variety of reasons and an order for its re-auction was made but, it appears, that it could not be disposed of through re-auction. On 24-7-1968, it appears that the petitioner herein, Mst. Khaliq Fatima, offered transfer of the shop for Rs.5,746 and the shop given to her through negotiations. Bundoo felt dissatisfied and filed an appeal which was rejected. He then filed a revision which, too, was dismissed by the Settlement Commissioner on 23-7-1973; hence he moved the Lahore High Court, Bahawalpur Bench; which accepted the writ petition vide its order, dated 18-3-1981 and set aside the orders of transfer in favour of the respondent on the basis of negotiations and remanded the case to the appropriate Settlement Authority to consider whether Bundoo was not entitled to the transfer of the shop in dispute and further directed that in case he was not so entitled, the shop in dispute…

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