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Displaced Persons (Land Settlement) Act (RLVII of 1958)----S. 10--Chief Settlement Commissioner/ Government Circular No. F. 3(II)/60--S. II, dated 14-4-1961--Land Settlement--Cancellation of excess allotment--Order impugned in writ jurisdiction--Case remanded with direction that claimant be allowed option to purchase land upto extent of four Acres at prescribed rate of produce index unit--Additional Settlement Commissioner, complying with direction, extended option to petitioners to purchase land--Order upheld by Supreme Court. Ch. Muhammad Farooq, Senior Advocate Supreme Court and Karam Elahi Bhatti, Advocate-on-Record for Petitioners. N.M. Khan, Advocate Supreme Court and Qasim Imam, Advocate-on-Record (absent) for Respondents. Date of hearing: 19th March, 1986. ORDER NASIM HASAN SHAH, J.--Sharafat Hussain, petitioner No. 1, a claimant displaced person was allotted evacuee land equal to 401 produce index units in village Tordher Matni Changan, Tehsil Swabi, District Mardan. Petitioners Nos.2 to 23 are the bona-fide purchasers for value of the land in dispute. An application was submitted on behalf of Mst. Saghir Fatima, predecessor-in-interest of respondents Nos.l to 5, under section 10 of the Displaced Persons (Land Settlement) Act, 1958 that Sharafat Hussain (petitioner No.l) had managed to obtain allotment to the extent of 173 P.I. Units in excess of his true entitlement. Consequently, the proceedings were started against him in the Court of the Additional Settlement Commissioner (Lands), Mardan, and, in the result, the learned Additional Settlement Commissioner by his order dated 31-12-1973 found that petitioner No.1 had indeed obtained surplus area equivalent to 173 P.I. Units. He, therefore, ordered that the same be cancelled and allotted to Mst. Saghir Fatima, the informant. Meanwhile, the petitioner No.l was given a choice to decide which area he wished to surrender out of the allotted land, to the extent of 173 P.I. Units. Feeling aggrieved the petitioners moved a Writ Petition (W.P. No.251 of 1974) before the Peshawar High Court. A learned Single Judge of the said Court (Abdul Hakim Khan, J.-- as he then was) heard the matter and came to the…

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