Law:

Section:

(a) West Pakistan Border Area Regulations 1959 (M.L.R.9)-------Para. 10---Cancellation of allotment of land---Validity---Notice was issued to allottee before order of cancellation was passed ---Allottee could not produce discharge certificate to show that he was ex-serviceman or any recommendation/approval of G.H.Q regarding allotment of land made to him ---Allottee, thus, failed to bring any material on record to controvert the adverse findings recorded in cancellation order ---Allottee even did not put in rejoinder to written statement submitted by Border Area Committee---Order of cancellation was based on sound reasoning and due consideration of entries in relevant record as also the statement made by officials concerned--­Inferences drawn by Border Area Committee from the material placed before and examined by it were such as could have been drawn by a reasonable person---Order of cancellation of allotment was valid in circumstances (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Court in its extraordinary Constitutional jurisdiction would not substitute its own opinion/finding for that of any Tribunal below for Constitutional jurisdiction was not akin to appellate jurisdiction nor would it amount to rehearing of case. Muhammad Nawaz for Petitioner. Muhammad Rafiq Khan for Respondent No. 1. Ch. Azimuddin for Respondent No. 2. Ch. Muhammad Abdullah for Respondent No. 3, Dates of hearing: 19th and 20th September, 1993, JUDGMENT This Constitutional petition filed by the petitioner Noor Mahi through his General Attorney Sardar Khan is directed against the order of the Border Area Committee dated 18-12-1989 whereby allotment of land made. to the petitioner in village Jaguwala, Tehsil and District Kasur was cancelled being bogus and fictitious. 2. Facts necessary for the disposal of this petition, briefly stated, are that the land measuring 24,E Kanals situate in village Jaguwala, Tehsil Kasur was allotted in the name of Noor Mahi petitioner at Khata No. 40 of Register RL-B on 20-4-1960. It was brought to the notice of the Border Area Committee that the said allotment was bogus, fictitious and based on fraud. Precise…

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