Law:

Section:

(a) Abandoned Properties (Taking Over and Management) Act (XX of 1975)-- ____12(f)---"Specified person" ---Necessary conditions ---Such person should be m , citizen of Pakistan domiciled in the territory constituting the Province of East Pakistan at any time before 16th December, 1971 and who has on or after the aforesaid date ceased to be a citizen of Pakistan. (b) Citizenship Act (XXXIX of 1925) --- S. 16-A--- Constitution of Pakistan (1973 ) Art. 199-- Constitutional petition ---Losing and retaining of citizenship ---Where mother of the petitioner was residing in Pakistan on 16th December, 1971, but did not voluntarily migrate to the territories then constituting Province of East Pakistan, as such, case of petitioner was not covered by sub-cl. (ii) of cl. (i) of S.16-A of Citizenship Act---Where petitioner alongwith her mother was residing in U.S.A. ever since February 1972, she was required to make an application to the Federal Government and could be treated as a citizen of Pakistan only if the Federal Government had granted her a certificate in that behalf, otherwise she could not be deemed to be a citizen of Pakistan accordingly. [p. 255] C (c) Public auction--- ---- Allottee or the highest bidder in public auction acquires specific interest in the property and the same is legally enforceable. (d) Abandoned Properties (Taking Over and Management) Act (XX of 1975) Ss. 11& 14(1)-_-Citizenship Act (XXXIX of 1925), S.l6-A( 2)----Constitution of Pakistan (1973), Art.199- --Constitutional petition- --Abandoned property --¬ Declaration ---Validity-- -Mother of the petitioner was a resident of erstwhile Province of East Pakistan and was an auction-purchaser of a plot in year 19701-¬ Auction-purchaser had paid 25 % of the total amount on the day of auction-¬ Petitioner alongwith her mother left for U.S.A. in February, 1972---Neither the petitioner nor her mother had applied for a certificate of citizenship of Pakistan, as the same was required under S.16-A(2) of Citizenship Act, 1925--- Mother of the petitioner died in Dacca in year 1981---Plot was declared to be an abandoned property by the Authorities vide a notification dated 14-2-1988---Petitioner applied…

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