Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art.l85(3)---Allotment of land, cancellation of---Allotment of land in question duly made in favour of respondent, subsequently was cancelled by Settlement Authority without hearing respondent on the ground that he was not in possession of land in question--­Possession of respondent who was claimant allottee, over land in question not being essential condition for confirmation of his allotment, Appellate Authority as well as High Court, held, rightly confirmed allotment of respondent---Auction of land in question made in favour of petitioner after cancellation of allotment of respondent, having never been confirmed in his favour, petitioner had rightly been held to have no right to file Constitutional petition or Intra-Court appeal against order of confirmation made in favour of respondent. ORDER S. USMAN ALI SHAH, J.---Muhammad Hayat petitioner filed this petition for leave to appeal against the order of the Lahore High Court, Lahore, dated 25-2-1986 whereby his Intra-Court Appeal against the order of a learned Single Judge of the High Court, passed in Writ-Petition No.443-R of 1976, was dismissed. Muhammad Shakar respondent No.l was allotted the land in dispute measuring 67 kanals vide R.L.11 of village Kud Lathi Ara, Tehsil Shahpur District Sargodha on 11-6-1973. This allotment was cancelled by the Deputy Settlement Commissioner on the ground that the claimant was not in possession of the property in dispute. The said property was auctioned in favour of the petitioner but was still to confirm by the Addl. Settlement Commissioner.…

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