Law:

Section:

(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------S. 2---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Matter required enquiry into facts as to the determination of status of the property---Both sides having their respective stance, finding, needed to be recorded by the competent forum on the controversy--­Decision of the matter thus had to be taken by the Notified Officer in accordance with the provisions of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---High Court could pass remand order notwithstanding the fact that the matter was not pending at the time of repeal of Evacuee Laws---Notified Officer, in circumstances, could exercise the jurisdiction in the matter in order to find out the status of the property and legality or otherwise of the Transfer Order made by the Deputy Administrator Residual Properties---High Court observed that appropriate course open in such circumstances consistent with law and the practice was to remit the matter to the Notified Officer and to pass order in accordance with law after affording opportunity of hearing to parties concerned---Declaring the impugned order as of no legal effect, High Court remanded the matter to the Notified Officer before whom the application of the petitioner would be deemed pending, to be heard and decided by him in accordance with law. Mehr Dad v. Settlement and Rehabilitation Commissioner, Lahore Division, Lahore and another PLD 1974 SC 193 and Muhammad Baran and others v. Member, (Settlement and Rehabilitation), Board of Revenue, Punjab and others PLD 1991 SC 691 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition ---Laches---Perusal of the impugned order showed that the petitioner was not associated with the proceedings nor the order was passed in his presence which was followed by an order of transfer of property---As and when the petitioner acquired the knowledge of the same the matter was agitated before the concerned Department---Question of laches, in circumstances, hardly arose in the matter. Ch. Muhammad Hussain for Petitioner. Ch. M.Z. Khalid for Settlement Department on Court's call. Ch.…

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