Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--- ----Ss. 10 & 11---Resumption of property for non-payment of dues--­Petitioners were neither served with any notice for payment of dues nor any notice was ever issued before passing order of cancellation of allotment--­Report of process server was fishy inasmuch as no time and place was mentioned therein---Substituted service could not have been resorted to in circumstances---Service of registered letter was also not proved---Resumption order had been passed without judicious application of mind and without issuing a show-cause notice to petitioner---Order of cancellation of allotment being patently illegal and void ab initio, subsequent disposal of property in favour of respondent was also void. [pp. 874, 875] A, B & C Syed lqbal Hussain v. Mst. Sarwari Begum PLD 1967 Lah. 1138; Fazal Dad v. Member, Board of Revenue, Punjab PLD 1977 Lah. 264 and Yousaf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC (Pak.) 104 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction ---Laches---Effect---Constitutional petition having been filed against void, unfair and unjust order was not barred by the principle of laches.---[Laches]. S. Sharif Alimad Hashmi v. Chairman, Screening Committee, Lahore and another 1978 SCMR 367 rel. (c) Limitation Act (IX of 1908)--- ----S.3---Laches---Principle of laches was not ` as rigorous as the law of limitation.---[Laches]. Pakistan Post Office v. Settlement Commissioner 1987 SCMR 1119 and Muhammad Ismail Qureshi through his Legal Heirs v. Gulab Din and others 1988 SCMR 1001 rel. JUDGMENT Property No. C-1132 Gumti Bazar, Lahore was allotted to the petitioner. Subsequently, however, this property has been resumed vide order dated 20-9-1973 passed by respondent No.1 and has been transferred in favour of respondent No.2 for the reasons that the petitioners failed to pay an amount of Rs.11,520 in pursuance of the notice dated 24-7-1973 which amount was due against the petitioners in lieu of the transfer of the property in their favour. This order has been challenged in this Constitutional petition. 2. Mr. S.M. Naseem,…

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