Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------Ss. 3(1) & 2---Scheme for the Management and Disposal of Available Urban Properties, 1977, para. 31(1) [as amended on 28-7-1984]--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Auction of available urban property---Revision against the order of Notified Officer was only competent qua an order of confirmation or rejection of an auction---Notified Officer, in the present case, had passed an order in pursuance of the direction of the Supreme Court which was neither revisable nor any revision was competent against the same after the repeal of Evacuee Laws---Order passed in revision having been passed in an incompetent proceedings, was wholly without jurisdiction and without lawful authority. Ch. Shahbaz Khurshid for Petitioners. Nemo for Respondents. Date of hearing: 26th March, 2003. JUDGMENT Order dated 30-8-1986 passed, by respondent No.3 on a revision petition filed by respondent No.1 has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 inter alia on the ground that respondent No.3 acted wholly without jurisdiction in entertaining the revision and passing the impugned order as no such revision petition was competent before him against the order of the Notified Officer passed on 15-6-1986. 2. It is contended by the learned counsel that order dated 15-6-1986 was passed by the Notified Officer in pursuance of the directions of the Honourable Supreme Court of Pakistan against which order no revision was competent before respondent No.3. It is further contended that the order passed by the Notified Officer was perfectly legal, supported by the material on the record, which had been passed after spot inspection and was illegally interfered by respondent No.3. Respondent No.1 was served and was represented, who died and his legal representatives were brought on record but none appears today. The petition thus has been heard ex parte. 3. Dispute regarding property bearing No. B.XXVII 2S-62, situated in Mandi Loharan (Old Ghala Mandi), Gujranwala had reached Honourable Supreme Court of Pakistan in C.A.…

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