Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art.199---Resumption of allotment---Validity---Petitioners were allotted land in question in their capacity as refugees from Jammu and Kashmir for maintenance purposes, which was sold to them subsequently and they were in possession thereof--­Authority resuming such land had passed the order without application of mind and without taking into consideration facts and circumstances of case--­Orders in question, were not speaking orders by any standard---Authority resuming such land did not address itself to discover or find out the law under which it initiated proceedings and passed the order in question---Such order being totally without jurisdiction could not be sustained and was struck down. Ghulam Muhammad and another v. Ahmad Khan and another PLD 1991 S C 391; Abdur Rahim and others v. Hassan Muhammad and others NLR 1984 S C J 6 and Muhammad Baran and others v. Member (Settlement and Rehabilitation) Board of Revenue, Punjab and others PLD 1991 SC 691 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Orders passed without jurisdiction were liable to be struck down in Constitutional jurisdiction of High Court, which was intended to keep various functionaries of State within the defined orbit of their authority. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Mixed question of law and fact could not be examined in Constitutional jurisdiction of High Court. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art.199---Allotment of land for maintenance---Respondent's application for cancellation of such land--­Authority cancelling such land had no jurisdiction in the matter--­Respondent could seek his grievance redressed before appropriate forum--­Any observation made by High Court in present order, would not affect such determination. JUDGMENT These four constitution petitions bearing No.188/R, 290/R, 291/R and 292/R, all of 1982, are inter-connected…

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