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MST. RAHIM-UN-NISA versus MEMBER, BOARD OF REVENUE, PUNJAB (SETTLEMENT AND REHABILITATION) WING/CHIEF SETTLEMENT COMMISSIONER


Section 10 and 11 of the Constitution of Pakistan (1973), Article 199 constitutional application to abrogate the principle of allotment of natural justice, violates the non-availability of which provides for the opportunity to reject material relied upon by the reconciliation authorities. That the petitioner was filed against the applicant before the settlement authorities alleged that the applicant had committed fraud for the allotment of the disputed property The applicant relied on jamabandi for the year 1961 62 in which he The disputed property was shown in possession, while authorities relied on jamabandi in 1957. , Which defendant submitted in his written argument, authorities canceled the allotment of the disputed property on the basis of material produced by the contentious property that the applicant had unreasonably condemned and rejected the said person. No opportunity was provided for. The material validity of the RSE material and the right to reject and contradict it was rejected by the applicant, the applicant's dispute had no meaning without the substance, so the conditions fulfilled by the settlement authorities Was not done and was in violation of the principle of natural justice. An inquiry about the commission of fraud should have a clear basis for a definitive finding in clear and clear terms that the applicant in the exercise of constitutional jurisdiction should be given a full opportunity to refrain from initiating an inquiry. An order approved by the authority of the facts or evidence without the authority of the evidence and without valid authority, after the two parties have the opportunity to hear, decide on the same.

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