Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--S. 2i---Displaced Persons Laws (Amendment) Ordinance (XIII of 1964), S.2 & Sched.---Rehabilitation and Settlement Scheme, Part 11, para.12 --- Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the following contentions: Firstly, that the High Court was in error in holding that there was non-compliance of para. 12 of Part 11 of the Rehabilitation and Settlement Scheme as the claim form was transferred by the D.R.C., Lahore, who was not competent to do so as that function was that of the D.R.C., Bahawalpur, where claim was pending; secondly that the High Court went wrong in converting the revision petition into a writ petition as, after the promulgation of Ordinance XI1I of 1964, no revision lay under section 21 of the Displaced Persons (Land Settlement) Act, 1958, to the High Court against the order of the Chief Settlement Commissioner who was denuded of the powers of review, revision and appeal, and hence, in law, it could not be deemed to be pending which could be converted into a writ petition--(This contention though raised before the High Court was not dealt with in the ); thirdly, that there was no vested right in any particular property of the compensation pool and hence rival petitioner could not elect to refuse the proposal of the land made to him in specific Khata. Therefore, the settlement authorities had no jurisdiction to accept his election of the land proposed to the petitioner in view of the decision of the Supreme Court in the case of Mian Rafi-ud-Din and others v. The Chief Settlement and Rehabilitation Commissioner and others P L D 1971 S C 252; and fourthly, that the High Court was not correct in holding that the particulars of the property were not given by the petitioner which was evident from contents of his application. (b) Civil Procedure Code (V of 1908)--- ---S. 115---Constitution of Pakistan (1973), Art. 199---Conversion of revision petition into Constitutional petition by High Court, validity of---No limit and bar on High Court to convert a revision into a Constitutional petition, in exercise of its discretion. (c) Displaced Persons…

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