Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,11

Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Land Settlement) Act (XLVII of 1958)-   ---Ss.10 11--Constitution of Pakistan (1973), Arts.185(3) 199-­Settlement authorities--Discretionary powers--Interference in writ jurisdiction--Leave to appeal granted on some misunderstanding or misguidance by petitioners Counsel--Rescission of-- Land Settlement--­Refugees from Jammu and Kashmir--Mukhbari application-- Allegation of double allotment not established but allotment cancelled on a different ground--Order set aside in writ jurisdiction--Leave to appeal granted an plea that even temporary allotment in favour of refugees from JK could be cancelled on Mukhbari application and this not being the position in the case at all nor the authority cited being applicable to facts of case, leave granting order rescinded and petition dismissed.   Muhammad Shafi v. Settlement Commissioner 1976 SCMR 499 ref.   ORDER JAVID IQBAL, J.--In this appeal leave had been granted on some misunderstanding or misguidance by the learned counsel. The facts are that the appellants and predecessor-in-interest of the respondents namely Chiragh Din being refugees from Jammu and Kashmir were settled in Sialkot District. This Chiragh Din was alleged to have obtained allotment in village Sohowali and village Hathwathian. Thereupon, the appellants are said to have filed a Mukhbari application to the effect that Chiragh Din had obtained double allotment. As a result the Additional Settlement Commissioner vide order dated 18th November, 1972 cancelled the allotment in favour of Chiragh Din in village Sohowali and allotted the land to the appellants. Thereupon, the legal heirs of Chiragh Din filed a revision petition before the Settlement Commissioner. The Settlement Cz)mmissioner in his order dated 18th December, 1973 gave a finding of fact that there were two persons by the name of Chiragh Din with parentage of Kakku. One was Arain by caste and the other was Awan. In one case there were four members of the family and in the other nine, and that they had been issued different Ration Cards. In the light of this evidence he arrived at the conclusion that there was no double allotment in favour of the said Chiragh Din…

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