Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S. 10---Constitution of Pakistan (1973), Art. 185(3)---Auction---Auction of property was confirmed in favour of respondent by the Additional Settlement Commissioner and Provisional Transfer Order was also issued in his favour after payment/adjustment of the auction price---Said property, therefore, was not available for disposal by the Settlement Authorities---Commencement of proceedings or assumption of jurisdiction by the Settlement Authorities on a miscellaneous application filed by petitioner, was totally devoid of lawful authority---Order confirming of transfer of said property to petitioner was void ab initio and no rights concerning said property could be transferred to or acquired by the petitioner---Legal and factual aspects had been elaborately discussed in the s of Courts below---No illegality, infirmity or material defect existed to warrant interference---Leave to appeal to Supreme Court was refused. Samad Mahmood, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner Nemo for Respondents. Date of hearing: 9th March, 1998 JUDGMENT MUNAWAR AHMAD MIRZA, J.---This petition is directed against judgment, dated 1st October, 1997 passed by Lahore High Court in Letter Patent Appeal No.298 of 1971 whereby decision dated 5-10-1971 of the learned Judge of the said Court Passed in Writ Petition No.783/B-65 was upheld. 2. The dispute between the parties relates to Shop No.6/1309 situated in Ghalla Mandi, Sialkot (hereinafter referred as suit property). The undispute features of the case are that suit property was initially auctioned in favour of Rashid-ur-Rehman on 30th January, 1960, but same was not approved by Additional Settlement Commissioner vide order, dated 8th February, 1960. One Muhammad Shafi on 4th May, 1960 applied for transfer of suit property on the ground of having purchased evacuee machinery lying in the shop, but his request was rejected by Additional Settlement Commissioner (Factories) on 24-11-1960. He then filed revision petition which also met the same fate on 18th April, 1962. During the pendency of proceedings launched by said Muhammad Shafi, one…

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