Law:

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Pakistan Citizenship Act (II of 1951)-------S. 16-A [inserted by Pakistan Citizenship (Amendment) Ordinance (II of 1978)]---Abandoned Properties (Taking Over and Management) Act (XX of 1975), S. 2(f)---Constitution of Pakistan (1973), Art. 185(3)---Respondent having domicile of East Pakistan was allotted specified plot on payment of full price on 22-3-1966---Such plot was notified on 2-10-1975 to be abandoned property and taken over by Board of Trustees (petitioner)---High Court, however, set aside order of taking over of plot and restored the same to respondent---Validity---Sufficient evidence on record indicated that respondent had not ceased to be citizen of Pakistan after 16th December, 1971---Certificate of Pakistan Citizenship obtained by respondent before passing of impugned order by Chairman of Board of Trustees indicated that respondent was not "specified person" within meaning of Abandoned Properties (Taking Over and Management) Act, 1975---Citizenship Certificate furnished by respondent, prima facie, was also evidence of his citizenship of Pakistan---Judgment of High Court setting aside order of taking over respondent's plot as abandoned property and restoring the same to him did not warrant interference---Leave to appeal to Supreme Court was refused in circumstances. ORDER MAMOON KAZI, J.---Respondent No.l, Saiyid Munirul Huda Chowdhury, was allotted Plot No.28 (Old No.90) situated on Street No.48, Islamabad, on 22-3-1966 by C.D.A., on payment of its full price. On 2-10-1975, the said plot was notified as abandoned property under section 11 of Abandoned Properties (Taking Over and Management) Act, 1975 and taken over by the Government of Pakistan. The respondent, who was in Holland at that time, was informed accordingly on 26-9-1977. He represented against the declaration but his representation remained pending for want of certain documents. In the meanwhile, one Mst. Jamila Khatoon, taking advantage of the respondent's long absence from Pakistan, filed a writ petition before the Lahore High Court (Rawalpindi Bench) claiming ownership of the said plot. The writ petition was, however, dismissed, vide order dated 21-5-1991. 2. Thereafter, the…

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