Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Purchase of residual property through auction---Constitutional jurisdiction, exercise of---Property in dispute had been purchased by respondents in an open auction held by State functionaries and respondents being bona fide purchaser of said property; had constructed buildings/houses thereon after making payment of entire amount thereof to the State---Orders confirming sale of property in dispute in favour of respondents who were bona fide purchasers thereof, being just and fair, and not suffering from any jurisdictional or other legal defects, could not be interfered with by High Court in exercise of its Constitutional jurisdiction. JUDGMENT An allotment of land measuring 15 Kanals and 5 Marals situate at Mauza Karan, T ehsil and District Bahawalpur, was confirmed in favour of Mst. Khadija Begum. She sold the said land to the petitioner for consideration and Mutation No.530 was also sanctioned. On a Mukhbari application, the said allotment was cancelled on 8-4-1973 by the Settlement Authorities but on appeal the same was restored by order, dated 4-6-1973. Another Mukhbari application of one Ghulam Hussain was dismissed by the Settlement Commissioner with powers of Chief Settlement Commissioner vide order dated 18-12-1977 and his Writ Petition No. 180-R of 1980/LHR was also dismissed by this Court on 3-4-1980. An F.I.R. lodged by Ghulam Hussain against the husband of the petitioner was cancelled after due inquiry by the Martial Law Authorities. Out of the said land, the Punjab Government also acquired a land measuring 3 Kanals and 3 Marlas in the year 1972. However, another 4 Kanals and 14 Marlas out of the said land was also found to be the residual property and was included in the list of the properties to be auctioned. The auction of the aforesaid 4 Kanals and 14 Marlas of land took place on 14-10-1984. The petitioner filed an objection petition on the same day which was dismissed. The said land measuring 4 Kanals and 14 Marlas was, thus, finally auctioned by the A.D.C.(G)/Additional Settlement Commissioner,…

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