Law:

Section:

1987 SCMR 633 Present: Shafiur Rahman, S.A.Nusrat, Zaffar Hussain Mirza and Ali Hussain Qazilbash. JJ Mst. HUSSAIN BIBI and another--Appellants Vs ADDITIONAL SETTLEMENT COMMISSIONER and others--Respondents Civil Appeal No.138 of 1977, decided on 1st February, 1987. (On appeal from the and order of the Lahore High Court Lahore dated 18-1-1977 passed in Writ Petition No.97/R of 1977). (a) Constitution of Pakistan (1973)-- ---Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.12--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2(2) & 3--De novo disposal of evacuee property after repeal of Settlement Laws--Validity of--Leave to appeal.granted to examine question regarding jurisdiction of Additional Settlement Commissioner to entertain revision entrusted to him and to further remit case to Deputy Settlement Commissioner for fresh disposal. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S.12--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss.2(2) & 3--De novo disposal of evacuee land after repeal of relevant laws--Validity of---Jurisdiction of Settlement Commissioner to remit case entrusted to him to Additional Settlement Commissioner for disposal afresh--Transfer of evacuee property declared without lawful authority and of no legal effect and case remanded to Settlement Commissioner exercising power under S.3 of Act (XIV of 1975) for disposal afresh in accordance with law after hearing parties-­Settlement Commissioner in turn entrusted case to Additional Settlement Commissioner who further made it over to Deputy Settlement Commissioner--Validity of order challenged in writ jurisdiction but without success--Order impugned--Settlement Commissioner having no power. of further.entrustment of case, and Additional Settlement Commissioner not being designated Officer having jurisdiction, impugned order set aside and case remanded. to Authorised Officer having jurisdiction for disposal in accordance with law after notice to parties. Muhammad Akram Khawaja, Advocate Supreme Court instructed by Sh. Ejaz Ahmed, Advocate-on Record for Petitioners. Imtiaz Muhammad Khan…

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