Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)------S.10---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the validity of the re-allotment of land earlier allotted to appellants in purported compliance of the revisional order passed by Rehabilitation Authority notwithstanding decision of superior Courts with regard to its validity and efficacy. (b) Constitution of Pakistan (1973)--- ---Art.199--- Constitutional petition riled against dead person---Effect---High Court was justified in rejecting the petition and also dismissing claim against the dead person---Writ petitioners being allottees of the same Chak where dead person resided and had allotments, could not plead ignorance of the fact of his death or the mistaken identity of the person. (c) Displaced Persons (Land Settlement) Act (XLVI1 of 1958)--- ---S.10---Constitution of Pakistan (1973), Art. 199---Allottee of land dying before filing of Constitutional petition---Constitutional petition against dead person's allotment suffered from no defect, if while challenging the allotment allottee's (a dead person) sole successors-in-interest had been impleaded. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---S.10---Constitution of Pakistan (1973), Art. 199---Allotment confirmed in allottee's name---Such allotment challenged without impleading allottee but impleading the Rehabilitation Department ---Effect---Allottee having an interest in the property which was the subject-matter of Constitutional petition, her/his absence from the proceedings, would make the not inter-partes as between them and would not be binding on the strength of of Supreme Court in Pir Bakhsh's case reported as PLD 1987 S.C. 145---Allotment made to allottee was thus immune from challenge and the in Constitutional petition, wherein such allottee was not impleaded, could be of no avail to objectors notwithstanding the fact that the Rehabilitation Authority was a party to proceedings. Abdul Harz v. Rehabilitation Commissioner P L D 1966 S C 483 ref. Pir Bakhsh v. The Chairman, Allotment Committee P L D 1987 S C 145 ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted…

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