Law:

Section:

(a) Pakistan Rehabilitation Rules, 1951-.. ----R. 10 (2) [as adapted in Azad Jammu and Kashmir] ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Appeal before Supreme Court---Competency---Petitioner's revision before Custodian of Evacuee Property was filed on 10-7-1985 against order of Rehabilitation Commissioner dated 29-3-1985, which having been filed beyond period of prescribed fifteen days, was correctly dismissed by the Custodian---High Court was justified in upholding Custodian's decision---Appeal before Supreme Court would entail dismissal on the count i.e. filing of appeal before Custodian beyond period of limitation. (b) Void order--- ----Limitation---Rule that there was no limitation regarding a void order was not a universal rule; while such rule would apply to cases where a person who was adversely affected by such order did not come to know of its existence and had no occasion to challenge that order, same .should not be left unchallenged---Where a person, however, was in the knowledge of void order which would adversely affect him but still had not challenged the same within a reasonable time, Court would validly refuse to ignore it on the ground of laches, acquiescence or estoppel.--[Limitation]. Mirza Lal Hussain v. Custodian of Evacuee Property and others 1992 SCMR 214 and Sharif Ahmad Hashmi v. The Chairman, Screening Committee Lahore 1980 SCMR 711 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 42---Constitutional petition against void order ---Competency--­Constitutional petition against a void order may be dismissed where petitioner was estopped by his conduct from challenging it or where he had been guilty of laches.---[Void Order]. Ghulam Mohi-aid-Din v. Chief Settlement Commissioner PLD 1964 SC 829 rel. JUDGMENT BASHARAT AHMAD SHAIKH, J.--This appeal, by leave of the Court, relates to an evacuee land situated in Bagh Town. The appellant seeks cancellation of an order of allotment of one Kanal of evacuee land made on 4th of March 1954, in favour of Malik Abdul Aziz, who passed away a long time ago. The High Court dismissed the writ petition filed by the present…

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