Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art.185(3)--- Cancellation of land on Mukhbari application---Previous two attempts to have petitioner's allotment cancelled remained unsuccessful---Contentions raised on behalf of petitioners were that mutation and allotments having been scrutinised once by Chief Settlement Commissioner and for the second time by Martial Law Authorities, there was no justification in law to entertain Mukhbari application, thereafter, that such application being only against one petitioner, at the worst she could be deprived of the rights vesting in her and not the other petitioners who were never party to the Mukhbari applications, that the order of Settlement Authority challenged in Constitutional petition was based on earlier order of its predecessor which had already been quashed by the High Court, and, that documents initially produced by respondents were all in `Hindi', neither Court nor counsel for parties could read those and decision on basis of such documents on assumption that they were adverse to petitioners could not be rendered---Leave to appeal was granted to consider the questions raised in petition. ORDER ABDUL SHAKURUL SALAM, J.--- Claim of Mangal Khan was verified. Mutation of his inheritance No. 20 was sanctioned on 30-5-1958. Allotment was made. On a complaint by some person that Mangal Khan had not migrated to Pakistan, the Deputy Commissioner, Bahawalpur decided that the aforesaid Mutation No.20 was correctly sanctioned. This is vide his order dated 15-11-1958. Another application was moved before the Martial Law authorities. Ultimately the allotment was restored on 10-11-1961. Just before the repeal of the law on 30-6-1974, the respondent filed a Mukhbari application on 22-6-1976 under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 that land of Mangal Khan was obtained fraudulently. Additional Settlement Commissioner, Bahawalpur cancelled the allotment vide order dated 16-5-1975. In…

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