Law:

Section:

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-- ----S. 2---Constitution of Pakistan (1973), Art.199---Question of allotment attaining finality---Re-opening of such question by Settlement Authorities not warranted by law---Petitioner's allotment having attained finality upto the level of Supreme Court, in earlier round of litigation, same question could not subsequently be re-opened by Settlement Authorities---Cancellation of petitioner's allotment in subsequent round of litigation by Settlement Authorities being unwarranted was declared to be without lawful authority and of no legal effect. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)- ----S.2---Constitution of Pakistan (1973), Art.199---Setting aside of earlier order by Settlement Authorities---Validity---Settlement Authority in pursuance of order of remand having examined the case, had come to conclusion that allotment in favour of respondent allottee had been cancelled in accordance with law and subsequent allotment in favour of petitioner was unexceptionable­--Subsequently, however, successor Settlement Authority set aside earlier order passed by his predecessor which he was not empowered to do---Cancellation order of petitioner's allotment being unwarranted was declared to be without lawful authority and of no legal effect. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question the order, dated 31st of March, 1976, passed by the Assistant Commissioner/Additional Settlement Commissioner (Land), Narowal, whereby he proceeded to cancel the allotment of 46 Kanals 14 Marlas of land of the petitioner at Khata No.39 of RL-II Bharwali Tehsil Narowal District Sialkot. 2. The facts forming background of this dispute are that Sher Muhammad, father of respondent No.1, was allotted the land in 'dispute but it was cancelled on 1st of July, 1961. He filed a Writ Petition bearing No.1013-R of 1961, wherein he challenged the cancellation of his allotment as well as the re-allotment in the name of the petitioner. This writ petition was dismissed on 28th of September, 1966. An application for…

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