Law:

Section:

The power of revisional authority under section 20 (3) of the Displaced Persons (Compensation and Rehabilitation) Act, is very wide. Under this provision -of law a revisional authority is entitled to consider the propriety and the legality of the order of the subordinate authorities. This power is very wide and the revisional authority is competent to pass any order which it finds fit in the circumstances of the case. The revisional authority, therefore, is competent to restore a C. H. Form already withdrawn and cancelled. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sch., Part I and Constitution of Pakistan, (1962), Art. 98-Mere making of application in Form "E"-Automatically cancels application in Form "CH"-However, whether application in Form "E" ever made-Question of fact which cannot be decided in writ proceeding. The mere making of application in Form "E" to join in a lottery of earmarked houses operates by itself as cancellation of any application made in C. H: Form. But the question whether a person made any application in earmarking proceeding is a disputed question of fact which cannot be decided effectively in writ proceeding. Asghar Husain v. Dr. A. H. Hamid Musa 1968 S C M R 475 ref. Ghulam Mujaddid Mirza, Senior Advocate Supreme Court, Khalid Mahmood Pasha, Advocate Supreme Court with him instructed by M. Salim Malik, Attorney for petitioner. Nemo for Respondents. Nos. 1 and 2. Muhammad Ahmad Zaidi, Advocate Supreme Court instructed by Gulzar Hasan, Attorney for Respondent No. 3 Date of hearing : 14th October 1969. JUDGMENT WAHIDUDDIN AHMAD, J.-The dispute in this petition for special leave to appeal is in respect of .property bearing No. S-57-R-3 (28), which is part of a big estate known as Dr. Mehraj Kishan Estate' 3-Temple Road, Lahore. It is a double storey building. The ground floor is occupied by the petitioner. The first floor is in possession of respondent Dr. Inayatullah Shah. Both the petitioner and respondent No. 3 filed C. H. Form for the transfer of the property in dispute. On the 26th November 1959, Dr. Inayatullah Shah moved the Deputy Settlement Commissioner for the withdrawal of his C. H. Form…

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