Law:

Section:

Scrutiny of Claims (Evacuee Property) Regulations, 1961 (M.L.R. 89)------Para. 5---Constitution of Pakistan (1973), Arts.4 & 199---Constitutional petition---Reduction of petitioners' entitlement units---Petitioners claimed that by misapplication of para.5 of M.L.R.89, their entitlement was reduced--­Validity---Grievance of petitioner was not wholly unjustified---Every citizen would be entitled to be treated in accordance with law as enshrined in Art.4 of the Constitution---Statutory functionaries were required to act in accordance with law and redress grievance of citizens accordingly---No allegation of any misrepresentation or fraud as to entitlement of petitioner was levelled against him---Dispute merely related to applicability of para. 5 of M.L.R.89 which, as per contention of petitioners, was wrongly applied whereby petitioners were deprived of substantial portion of their allotment---Communication of specified date whereby entitlement of petitioners was reduced was issued without show­cause notice and hearing petitioners' point of view---Such communication, thus, was not proper and lawful---Authority was directed to decide representation of petitioners against reduction of their entitlement afresh by giving them notice and affording them opportunity of hearing in accordance with law. Qamar Ara Begum and others v. Chief Settlement Commissioner PLD 1966 (W.P.) Kar. 535 ref. JUDGMENT Through this writ petition order, dated 13-6-1983 and 3-1-1984 passed by respondent No.2, Member, Board of Revenue (Settlement and Rehabilitation), Punjab have been assailed. 2. The petitioners' predecessor-in-interest, Ahmad Noor Khan (their father) owned agricultural/urban land in village Kayer, District Ajmair, India. He died there leaving behind the petitioners as his successors-in-interest. After migration from India to Pakistan the petitioners filed their claim which was processed and accepted and entitlement certificate for 3888 units was issued jointly. They were allotted land in village Haveli Bahadur Shah, District Jhang in the year 1960 measuring about 2132 Kanals and 7 Marlas. 3. By operation of paragraph 5 of Martial Law Regulation 89, their entitlement was…

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