Law:

Section:

Constitution of Pakistan (1973)--- ----Art.199---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 2 (2) (b), 10 & 11---Allotment of land---Cancellation of---Constitutional jurisdiction---Exercise of----Agricultural land in dispute duly allotted to a person was re-allotted after about il years to one who was alleged to be occupant of that land and claimed to have built a house thereon---Form B.S. was filed by subsequent allottee long after order of allotment was passed in favour of original allottee ---Authority in re-allotting land to subsequent allottee had failed to notice that land continued to be agricultural land which was wrongly declared to be different or a building site by Authority--­Competent Authority had not declared land to be different or a building site--­Question of delay in challenging earlier transfer order was also not attended to properly and in accordance with law by Authority---High Court in exercise of Constitutional jurisdiction, declared order of Authority as illegal in view of legal deficiencies therein. JUDGMENT The necessary facts for appreciating the respective pleas of the parties are that land measuring 11 Marlas out of Khasra No. 293 situated in Mauza Khoherkey, Tehsil and District Gujranwala was allotted as agricultural land to one Abdus Salam on 25-8-1965. Fazal Din, petitioner No.l purchased the said land from Abdus Salam vide Mutation No. 1502, dated 3-12-1968. Fazal Din then sold this very land to Muhammad Akram, petitioner No.2 vide registered sale-deed dated 5-11-1974. This sale was given effect to in the Revenue Record by attesting Mutation No. 3062, dated 31-5-1978. It appears that Janat Bibi who was in occupation of the land in question filed a Misc. application in the year 1973 which was treated as a revision petition and certain proceedings were taken thereon uptil 3-4-1974 when the matter was fixed for 22-5-1974. It also appears from a perusal of memo of revision petition dated 4-6-1974 that certain proceedings were withdrawn by Mst. Janat Bibi on 22-5-1974. The revision petition dated 4-6-1974 was ultimately heard by Mr. Muhammad Anis Nagi, Settlement Commissioner, Lahore with the powers of Chief…

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