Law:

Section:

Azad Jammu and Kashmir Irregular and Unauthorised Allotment (Cancellation) Ordinance, 1978-------S. 3---Azad Jammu and Kashmir Interim Constitution Act (VIII of 174), S. 44---Cancellation of allotment of evacuee property and proprietary rights transfer order---Validity---Rehabilitation Commissioner had kept intact allotment in favour of predecessor of petitioners and that order had attained finality---Respondent's plea that a house on such land had been built by their predecessor, was not proved---No justification was pointed out for cancellation of order of Rehabilitation Commissioner, however, if there was any justification for cancellation of such order, same should have been to the extent of area wherein house in question was situate and not to the extent of entire land which had been finally settled in the name of petitioner's predecessor and thereafter, in the name of petitioners---Order in question, passed by Custodian whereby land allotted in favour of petitioners was cancelled was set aside in circumstances. ORDER Muzammal Shah, petitioner invoked the Constitutional jurisdiction of this Court under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 to assail the order of Custodian of Evacuee Property passed on August 13, 1991 whereby he cancelled the Proprietary Rights Transfer Order issued in favour of the petitioner in respect of land falling under survey numbers 189 and 191 measuring 6 Kanals and 18 Marlas. During the pendency of the petition, he died and his legal descendants, the present petitioners were arrayed as petitioners on their request, vide order of this Court dated July 1, 1992 who contested this writ petition. 2. The facts as claimed in the petition, briefly stated are that the disputed land alongwith other evacuee property was allotted in the name of one Noor Wali against whom a complaint was filed by the Enforcement Staff before the Special Judge Multiple Allotment. The learned Multiple Allotment Judge kept the allotment of said Noor Wali intact to the extent of 64 Kanals and cancelled the remaining land which was allotted to him beyond this scale. 3. Muzammal Shah, the father of the present petitioners who was a…

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