Law:

Section:

Azad Jammu and Kashmir Rehabilitation Act, 1974-------S. 11---Pakistan (Administration of Evacuee Property) Act (XII of 1957), Ss. 18-A, 18-B & 43 [as adopted in Azad Jammu and Kashmir] ---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Review jurisdiction of Custodian after transfer of proprietary rights---Extent---Custodian, Evacuee Property has exclusive jurisdiction in matter of cancellation of allotment if it was found illegal in his estimation---Review application in such like matters could be filed by aggrieved party before Custodian and no limitation was provided for the same---Where Custodian on basis of material available with him, accepted review application, arriving at conclusion that allotment already existed in the name of respondent at the time of allotment of land in question was made in favour of petitioner, High Court in exercise of its Constitutional jurisdiction could not go into question that conclusion arrived at by Custodian in his exclusive jurisdiction, particularly when same was based on documentary evidence, was wrong---Constitutional petition being extraordinary Constitutional remedy can only be availed where order challenged was without jurisdiction, illegal or based on no material---Document in question, on basis of which Custodian reviewed allotment in favour of petitioner, had presumption of truth---In presence of such document conclusion of Custodian could not be regarded perverse---No case was made out for interference in the impugned order of Custodian Evacuee Property. Azmatullah and another v. Ali Bahadur and another 1996 CLC 254; Ghulam Mustafa v. Azad Government and 2 others 1996 MLD 355; Muhammad Khalil v. Jamaluddin and others PLD 1965 Lah. 602 and Santosh Kumar Saha v. The District Magistrate of Faridpur and another PLD 1959 Dacca 738 rel. ORDER This writ petition has been filed to challenge the order passed by respondent No. 2, on June 12, 1993. 2. The facts as stated in the petition precisely, are that land measuring 34 Kanals, 4 Marlas, comprising Survey Nos. 210, 224, 244, 581, 448, 200, 189, 364 and 317, situate in village Ankar, Tehsil Dadual, District Mirpur, was allotted in the name…

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