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Constitutional Petition No. 1162 of 1974, decided on 19th January,' 1980.
‑‑‑ Sched., Part II read with Permanent Transfer (Houses and Shops) Rules, 1961. rr. 6 & 7 (since deleted)‑‑Demarcation of transferred property‑Areas of two adjacent shops not mentioned in P. T. Ds.‑‑ Demarcation and mentioning areas in P. T. D., amounting to deciding adversely to one or other party‑Such exercise, held, cannot be undertaken without proper inquiry into rights of parties based on facts.
S. Anwar Hussain Sani v. Sarfraz Ahmed and 2 others P L D 1971 S C 669 ref'.
‑‑ Rr. 6 & 7 (since deleted)‑‑Rectification through demarca tion‑Cannot be done without holding proper inquiry or undertaking adverse proceedings‑Holding of formal inquiry being no longer permissible after deletion of rr. 6 and 7 no power, held, available to Settlement Authorities to amend or correct P. T. Ds.
Ali Muhammad v. Haji Hasan and 2 others P L D 1975 Kar.1971 ref.
‑‑‑ S. 22‑‑‑Finality of order based on void order‑‑Order of D. S. C. regarding demarcation of area of transferred property being void ab initio, subsequent orders based on such order, held, of no effect.
Ismail Munshi for Petitioner.
S. A. Jamali for Respondents Nos'. 2 and 3.
Dates of hearing : 19th, 24th November and 15th December, 1979.
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