Law:

Section:

Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975)-------S. 2---Settlement Scheme No.VIII (Revised), Form RSS-VIII­ Constitution of Pakistan (1973), Art.199 --Constitutional petition--Whether auction purchaser of evacuee property could acquire any indefeasible right in the property without confirmation of the auction and payment of auction money---Notified Officer was to examine such aspect of the matter in the light of the material on record and by summoning the original files---When proceedings had not abated or lapsed on their own, the matter had to be disposed of as "pending proceeding" by the Notified Officer through a speaking order by judicious application of mind---Factual controversy in the present case, still remained to be resolved which exercise could be undertaken by the Notified Officer only by summoning and retrieving the files pertaining to the property in question---Order of the Notified Officer, in circumstances, could not be regarded as a lawful exercise of power which was declared as of no legal effect---High Court directed that Notified Officer was to re-examine the matter in the light of orders passed by the Settlement Authorities from time to time---Parties were directed to cause their presence/ representation before the Notified Officer on the specified date for further proceedings in the matter---Notified Officer was also to take possible steps for the service of parties who remained absent before the High Court. Syed Mowahad Hussain v. Syed Karam Ali Shah through Legal Heirs and 2 others 1993 SCMR 170; Abdul Hamid and others v. Fazalur Rehman and others 1989 SCMR 120 and Muhammad Nasim Anwar and others v. Additional Deputy Commissioner, Vehari and others 2002 SCMR 226 ref. Muhammad Shahzad Shaukat and Ch. Abdul Wadood for Petitioners. Aish Muhammad Khan Sara for Settlement Department. Ex parte for other Respondents.. Date of hearing: 6th December, 2005. JUDGMENT SYED ZAHID HUSSAIN, J.---The dispute concerns with an Annexe adjacent to Bungalow No.B.I-S9-133, Civil Lines, Sheikhupura. Whereas the total area of the Bungalow is 8 Kanals, the said Annexe consists of 15 Marlas approximately along with superstructure. Mst.…

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