Law:

Section:

West Pakistan Board of Revenue Act (XI of 1957)-------S. 5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of allotted land---Petitioner had claimed land in dispute on the ground that said land was purchased by her from vendor vide registered sale-deed, while the vendor had purchased said land from its previous owner---Proper sale-deed was duly registered between the petitioner and vendor and Form-II was also issued from time to time In the name of vendor and said previous owner at the relevant time---Counsel for respondent had contended that land in dispute was cancelled and that said cancellation order passed by the Deputy Commissioner still stood intact---When registered sale-deed and Form-II, duly issued from time to time were available with the Mukhtiarkar then how Form-II had been issued and why the petitioner was not intimated on first occasion---When there was a registered sale-deed and Form-II duly stamped by Taluka Mukhtiarkar, case of the petitioner was to be ascertained by the Member Board of Revenue, as to whether her case fell within the purview of cancellation order or not and if the petitioner had acquired the plot in dispute legally and properly, then she would not be affected by the cancellation order---Constitutional petition was disposed of accordingly. Muhammad Sarfraz Sulehry for Petitioner. Muhammad Ahmad Pirzada for Member (LU), Board of Revenue along with Manzoor Ali, Mukhtiarkar, Mirpur Sakro, District Thatta. Miran Muhammad Shah, A.A.-G. ORDER The only issue involved in this petition is that the petitioner is claiming land measuring 9600 square feet in Dhabeji, Deh Gharo, Taluka Mirpur Sakro, District Thatta, on the ground that said land has been purchased by her from one Abdul Razzaq vide sale agreement, dated 20-2-2004 while Abdul Razzaq had purchased the said land from its previous owner Jalal in the year 2002. He submits that proper sale-deed was also duly registered on 8-3-2004 between the petitioner and Abdul Razzaq and Form-II was also issued from time to time in the names of Abdul Razzaq and previous owner Jalal Khan at the relevant times, which is not reflected in the Government records.…

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