Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--Sched., para. IV--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider question whether High Court could interfere in constitutional jurisdiction with finding of fact reached at by Courts below to the effect that disputed portion of property was part and parcel of property put to public auction which was transferred to petitioner as highest bidder of auction. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Rana MA. Qadri, Advocate-on-Record and Mehmood-ul-Hassan, Advocate Supreme Court for Respondents. Date of hearing: 14th November, 1988.~,i;,-;:: . ORDER ABDUL KADIR SHAIKH, J.--The dispute in this case is whether upper portion of property No.124-21/278, Sialkot is a part and parcel of the industrial concern known as Goraya Printing Press which was purchased by the petitioner and his associates as the highest bidders, at the public auction on 19-10-1957, after it was declared as an uneconomic industrial concern by the Industrial Rehabilitation Board on 14-3-1956. After confirmation of the auction, the Secretary, West Pakistan Industrial Rehabilitation Board directed the Rehabilitation Officer to hand over possession of the concern to the highest bidders. Since upper portion of the property was in occupation of respondent 3, it was directed that he should be given an alternative accommodation. In pursuance to this, the respondent applied for allotment of an alternative accommodation bi­two applications dated 2-7-1958 and 9-7-1960. However, after settlement operation started, respondent applied for transfer of the said portion of the property on a C.H. form. The Deputy Settlement Commissioner rejected the request on the short ground that the entire premises, including the upper portion, has already been auctioned in favour of the petitioner and his associates. Respondents' appeal against this order was dismissed by the Additional Settlement Commissioner on 7-5-1960. He then challenged these orders in Writ Petition No. 7.19-R of 1961 in Lahore High Court which was also dismissed in limine. However, a…

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