ABDUL KHALIQ versus GULAB DIN

Section 1L Allotment Review Custodian does not have the authority to cancel applicant's allotment and reinstate respondents (canceled by a rehabilitation authority under the Maintenance Commissioner), Custodian's order, reversal, interim and restitution commissioner. The order to exclude a review request without a review was set aside for the custodian's ability to order an illegal order and his action was restored before proceeding in accordance with the law [Review]

1981 C L C 1687

[Azad J & K]

Before Sardar Muhammad Sharif Khan, Actg. C. J. and Sardar Said

Muhammad Khan, J

ABDUL KHALIQ AND 2 C9HERS‑Petitioners

versus

GULAB DIN AND ANOTHER‑Respondents

Writ Petition No. 52 of 1980, decided on 10th June, 1981.

Pakistan Rehabilitation Act (XLII of 1956)‑

--‑‑S. 1l‑Allotment‑ Review‑Custodian having no authority to cancel allotment of petitioners and to restore that of respondents (cancelled by a Rehabilitation Authority subordinate to Rehabilita tion Commissioner), order of Custodian held, void, ab initio and order of Rehabilitation Commissioner dismissing review petition with out only going into merits on strength of illegal order of Custodian set aside and proceedings before him revived for proceeding accord ing to law.‑[Review].

Sh. Abdul Aziz for Petitioners.

M.S., Farooqi for Respondent No. 1.

Nemo for the Custodian..

Date of institution : 31st December, 1980.

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