Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Allotment of land---Cancellation---Claim filed by claimant for land abandoned by him in India earlier was verified and land in dispute was allotted to him in lieu thereof---Subsequently land allotted to claimant was cancelled and case was remanded to enquire if claimant in fact had migrated to Pakistan from India---Pursuant to remand order Additional Settlement Commissioner with powers of Chief Settlement Commissioner. on basis of overwhelming evidence on record decided that claimant was not a fictitious person as claimed by opposing party and that his claim was genuine---Such order passed with powers of Chief Settlement Commissioner was challenged before Additional Settlement Commissioner who decided that case be decided afresh after hearing parties---Order passed by Chief Settlement Commissioner on basis of documentary evidence on record could not be challenged before Additional Settlement Commissioner---No justification having been found for holding enquiry into entitlement of claimant, order passed by Additional Settlement Commissioner directing such enquiry was illegal. JUDGMENT The petitioners are aggrieved against order dated 23-7-1980 of the Additional Settlement Commissioner, Lahore, directing the holding of enquiry against the claim of Arura, predecessor-in-interest of the petitioners. 2. Briefly stated, that the claimant filed claim for the land abandoned in India and the same was verified for 103 Bighas, 7 Biswas as against Claim No.5055 on 4-9-1955 and land allotted to him in Chak Hindu, District Gujranwala on 1st of February, 1956. Subsequently land measuring 65 Kanals, 19 Marlas was cancelled out of confirmed allotment of Arura resulting in W.P. 1562-R of 1966 which was accepted on 25-3-1975 and the case was remanded after hearing the claimant. There was also a direction to enquire if Arum had migrated to Pakistan. 3. Pursuant to the remand the Additional Settlement Commissioner with powers of .Chief Settlement Commissioner decided the case of 8-2-1977 holding that Arura was not a fictitious person and died in Pakistan leaving two sons, a daughter and a widow. This…

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