Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)---S.164(2)---Evacuee Property and Displaced Persons- Laws (Repeal) Act (XIV of 1975), S.2 (2)--Constitution of Pakistan (1973), Art.l85(3)-- Allotment, cancellation of---Past and closed transaction---Revenue Authorities passed ex parte order under S.164(2) of West Pakistan Land Revenue Act, 1967, and cancelled the allotment made in favour of the predecessor-in-interest of the respondents---High Court,, in exercise of Constitutional jurisdiction set aside the order passed by the Revenue Authorities---Validity---Where the entries in the Record-of-Rights had been made on the basis of allotment made under the Rehabilitation and Settlement Laws and the orders were past and closed transactions, no action could be taken under the purported exercise of jurisdiction tinder West Pakistan Land Revenue Act, 1967 which was prohibited by Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Leave to appeal was refused. ORDER NASIR ASLAM ZAHID, J. ---Petitioner, Government of Sindh, has filed this petition for leave against the judgment, dated 24-11-1994 passed by the Sindh High Court allowing the Constitutional Petition filed by respondents Nos. l to 6, Zafarul Islam and others. By the impugned judgment of the High Court, the orders passed by respondent No.7 Deputy Commissioner-I, Hyderabad, dated 8th and 12th March; 1989, have been declared to have been passed without lawful authority and of no legal effect. 2. The dispute relates to the plot of one acre which was part of urban evacuee property in Hyderabad and was allotted to late Mst. Sharifan widow of Liaqat Ali Khan, predecessor-in-interest of private respondents Nos. l to 5, in 1971 against her URV, respondents Nos. l to 5 were put in actual possession of the said plot in October, 1988. However, by the ex parte order, dated 8th and 12th March, 1989, passed by the Additional Commissioner-I, Hyderabad, purportedly under section 164 of the Sindh Land Revenue Act, 1967, the allotment made in favour of late Mst Sharifan widow of Liaqat Ali Khan in respect of one acre/was cancelled It was noted in the impugned orders that mutations have been effected in the…

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