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KHAN MUHAMMAD KHAN versus CUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR


Sections 18, 25 and 43 of Pakistan Rehabilitation Act (XLII of 1956) [Adopted in Azad Jammu and Kashmir], Sections 6, 7 and 23 of Pakistan Rehabilitation Rules, 1951 [Adjusted in Azad Jammu and Kashmir], R10 (2) The Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), sections 44 and 42 of the evicted landowners were allotted land in the year 1961 as the refugee's appellant introduced four members of his family in 1968. Appellant filed an application after attacking the accused who had killed and seized the suit land. A respondent in the allotment of land allotted to the appellant rehabilitation commissioner for allotment of suit land due to the old tenant and local helpless Assistant Rehabilitation Commissioner has surrendered his allotment rights to the suit land in favor of the appellant. Such a surrendering High was dismissed by the High Court by the appellant in accordance with the law. According to the law a new allotment was granted without canceling the previous order of allotment; The allotment was finalized, the suit land on the backs of the respondents was canceled There was, rehabilitation commissioner was obliged under law to provide responses before canceling the hearing. No such notice was issued to their allotment respondents, therefore, the entire exercise was illegal and it was their responsibility to ignore that Custodian was authorized to pass a proper order in respect of any allotment. In light of which, according to his wisdom, Pasban was in violation of the law, such facts were justified in keeping with the order of the Commissioner of Rehabilitation.

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