Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)----S.2--Scheme for Disposal of Evacuee Agricultural Land in N.-W.F.P. (Scheme II of 1976), para. 6--Transfer of land--Material produced on record showing that land in dispute was allotted in favour of petitioner on basis of his claim verified by Central Record Office--Settlement Commissioner also writing to Deputy Settlement Commissioner that claim of petitioner had been verified and directing thereby to keep intact land in dispute already allotted to petitioner and that its illegal auction to respondent be cancelled and a refund case for payment of auction money prepared for necessary action--Land in dispute, held, was not available for disposal under Scheme 11 of 1976--Auction-In favour of respondents void and of no legal consequence--Petitioner continued to be a valid allottee of land in dispute. M. Sardar Khan, Senior Advocate Supreme Court, Hafiz S.A. Rahman. Advocate Supreme Court and Imtiaz Muhammad Khan Advocate-on-Record for Petitioner. Arbab Humayun, Advocate Supreme Court, Iftikhar Gilani, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Respondents. Date of hearing: 15th February, 1986: ORDER NASIM HASAN SHAH, J.--This is a petition for leave to appeal directed against the judgment, dated 28-1-1985 passed by the Peshawar High Court, Peshawar in Writ Petition No. 19-D of 1983, whereby the High Court was pleased to dismiss the aforesaid writ petition. The petitioner is a refugee from the State of Junagadh, which was forcibly incorporated into the Indian Union. He has settled down in Karachi and was lately working in the modest position of a Driver in the Overseas Registrars Limited, Karachi. However, he appears to have abandoned considerable landed property in the Junagadh State because a large area of land was verified in his favour. Most of his claim was satisfied by the allotments of agricultural land in the District of Nawabshah (in the province of Sind) but as his entitlement was not fully satisfied by these allotments his surplus units were transferred to D.I. Khan District (in the province of N.-W.F.P.) where he secured allotments amounting to a total of…

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