Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)---S.10--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to consider that there was a definite finding by the Settlement Commissioner that the excess allotment had been obtained through misrepresentation and that it was not open to the High Court to interfere with such finding in wirt jurisdiction, that an informer had a statutory right to obtain the land becoming available as a result of the information supplied by him and that order of High Court had the effect of depriving the petitioner of this statutory right. ORDER SAAD SAOOD JAN, J.--The petitioner in this petition for special leave to appeal is an informer. He laid information before the Settlement Authorities that Mst.Lalan had obtain allotment of land much in excess of her actual entitlement. The Additional Settlement Commissioner held an inquiry and found that she had obtained allotment in excess of her entitlement to the extent of 986 units. Accordingly, he cancelled the excess allotment and directed that the area becoming so available should be given to the petitioner. His order was challenged in appeal by Jamal Din, predecessor-in-interest of respondents Nos.1 to 5, and some others but their appeal was dismissed. Jamal Din and the daughter of Mst. Lalan filed a writ petition in the High Court. Their case was that the excess allotment had been obtained on account of miscalculation of produce index units and there was no element of fraud or misrepresentation involved in the allotment and that under the instructions issued by the Chief Settlement and Rehabilitation Commissioner they were entitled to purchase the area which they were being made to surrender. A learned Single Judge in the High Court accepted the writ petition and remanded the case to the…

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