Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Arts. 185(3) & 199--­cancellation of allotment---Exercise of Constitutional jurisdiction---Land duly allotted to claimant was subsequently sold by him---High Court, however, in exercise of its Constitutional jurisdiction, issuing suo motu write set aside allotment order although it was not challenged in Constitutional petition--­Supreme Court while disposing of another petition which was heard alongwith the present petition had already held that High Court could not issue a writ suo motu while deciding a Constitutional petition---Leave to appeal was converted into an appeal and order of High Court setting aside allotment order was declared illegal. ORDER NASIM HASAN SHAH, J.---The petitioner No.6, a displaced claimant from India, was allotted 42 kanals of land by the Settlement Commissioner ` (Lands) Mr. Zaka Ullah Malik on 1-2-1973 in village Bhakewal. He sold the said land to the predecessor-in-interest of petitioners Nos.l to 4 and to Muhammad Ashraf, petitioner No.5. The order of allotment dated 1-2-1973 was not challenged in Writ Petition No.402-R of 1976. However, this allotment too has been set aside by the High Court in the impugned judgment…

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