Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957).--------Ss. 18 & 43(6)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Constitutional petition ---Maintainability--­Proprietary rights, grant of---Powers of Custodian of Evacuee Property--­Cancellation of allotment---Land not available for allotment---Custodian on a review petition, cancelled the allotment made in favour of the petitioners as the same was not available for allotment---Plea raised by the petitioners was that the order passed by the Custodian was time ­barred---Validity---Custodian had vast powers to look into the validity of transfer order proprietary rights in favour of any person without having regard to the limitation---When it was brought to the notice of the Custodian that totally illegal order had been passed by him while granting proprietary rights transfer order; he was competent to recall the same even suo motu under S.43(6) of Pakistan (Administration of Evacuee Property) Act, 1957---Custodian of Evacuee Property had rightly reviewed his order of proprietary rights in favour of the petitioner without having regard to limitation because the land was not available for allotment in favour of the petitioners---Extraordinary jurisdiction available to High Court under S.44 of Azad Jammu and Kashmir Interim 1974, could only be exercised when no alternate remedy was available to aggrieved person---Petitioners could challenge the validity of proprietary rights transfer order in favour of respondents through review petition under S.18(b) of Pakistan (Administration of Evacuee Property) Act, 1957---High Court could not go into the genuineness and legality of proprietary rights in case they were not challenged by way of review petition before Custodian since in presence of availability of alternate remedy the Constitutional petition was not competent---High Court declined to interfere with the order passed in review jurisdiction by Custodian---Petition was dismissed in circumstances. PLD 1992 SC (AJ&K) 58; 2001 CLC 1149; 2001 YLR 3287; 1999 YLR 1089; 2001 YLR 1891 and 1998 SCR 310 ref. (b) Azad Jamma and Kashmir Interim Constitution Act (VIII of…

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