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Writ Petition No. 752/R of 1972, beard on 5th May, 1980.
-----Chap. V, para. 4 read with Instructions contained in Settlement Scheme VII, Appendix I, para. 6 (ii)‑Disposal ‑of rural building sites‑Petitioners shown in Survey Register to be in possession of plot since before 1961, Settlement Authority, held, could not transfer such plot to a displaced person from Jammu & Kashmir and such plot deemed to have been transferred to occupant free of charge.
Mst. Resharn Jan v. Assistant Settlement Commissioner (Land), Abbottabad‑Hazara and 6 others P L D 1979 Pesh. 75 and Muhammad and others v. Sordul P L D 1965 Lab. 472 ref.
----‑ Art. 199‑Constitutional jurisdiction‑Probe into facts‑High Court under constitutional jurisdiction, held, can go into jurisdictional facts.
Muhammad Hussain Mir and others v. Sikandar and others P L D 1974 S C 139 and Mehr Dad v. Settlement h Rehabilitation Commissioner, Lahore Division, Lahore and another P L D 1974 S C 193 ref.
‑‑ Appendix I‑Instruction 10 Rural properties of value less than ten thousand rupees in minor villages‑Criteria for transfer‑Occu pation before promulgation of Scheme‑No formalities, held, required to be fulfilled for transfer.
Raja Aziz‑ud‑Din Ahmad for Petitioner.
Zafar Iqbal Khan for Respondents.
Dates of hearing : 3rd, 4th and 5th May, 1980.
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