Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)---S. 2---Constitution of Pakistan (1973), Art.185(3)---Demarcation of evacuee property after repeal of Evacuee Laws---Jurisdiction of Deputy Commissioner/Tehsildar---Property in dispute was allotted to respondent in the year 1959 and Permanent Transfer Deed was also issued in her favour---In year 1991, Deputy Commissioner passed an order to re-demarcate the property and Tehsildar prepared demarcation report whereby original area in possession of the respondent was reduced---Order of re-demarcation was set aside by High Court in exercise of Constitutional jurisdiction---Validity---Deputy Commissioner or Tehsildar were not shown to be the Notified Officers after repeal of Evacuee Laws---Demarcation of the property in dispute was rightly found by High Court to' be without lawful authority---Order passed by Notified Officer already made in favour of respondent had attained finality---Judgment passed by High Court did not suffer from any legal infirmity so as to call for any interference by Supreme Court---Leave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners seek leave to appeal from the judgment, dated 11-12-2001 passed by the Lahore High Court, Rawalpindi Bench, in Writ Petition No.31 of 1992. 2. An evacuee Bungalow No.CL-55-A, Civil Line, Mayo Road, Rawalpindi (hereinafter referred to as the property in dispute) was earmarked in the name of the respondent on 21-12-1959. A provisional transfer order dated 25-5-1960 and a permanent transfer document dated 12-12-1973 of the property in dispute were also issued in her favour. The property in dispute remained in occupation of various departments of the Government till 1982 when it was eventually vacated. The respondent demolished the same being in a dilapidated condition. The Deputy Settlement Commissioner in his capacity as a Notified Officer, by transfer order dated 15-3-1978, transferred an area of one Kanal out of the excess area of the property in dispute and its adjoining Bungalow No.55-C in the name of late Ghulab Khan under Settlement Scheme No.VIII without notice or association of the respondent. The said…

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