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Writ Petition No. 210‑R of 1975, decided on 3rd May, 1980.

‑‑‑ S. 2‑Quashment of proceedings‑Settlement officers appointed under various laws ceasing to exist on repeal of evacuee laws‑ Order passed on application after enforcement of Act, held, misconceived and quashed, being incompetent.

Hassan Ahmad Khan Kanwar for Petitioner.

Tariq Shemeem for Respondent No. 1.

Nemo for Respondent No. 2.

Date of hearing: 3rd May, 1980.

Dispute in this case relates to an evacuee house bearing No. 94/1 Depalpur. On 29th November, 1966 petitioner applied for its transfer under Settlement Scheme No. VII and the same was transferred to her by order of the Deputy Settlement Commissioner (Land) dated 5th June, 1968. Accordingly transfer documents were issued in her favour, on 25th September, 1968.

2. Respondent No. 1 aggrieved of this order filed an appeal before the Deputy Settlement Commissioner, Depalpur who by order dated 26th April, 1969 kept the matter pending to await decision of the Chief Settlement Commissioner. This appeal, to say the least, was otherwise in competent as against the order of the Deputy Settlement Commis sioner (Land) another D.S.C. could not hear the appeal. Be that as it may, Chief Settlement Commissioner ultimately declined to interfere in the matter. Intimation in this regard was conveyed to the Section Officer, West Pakistan, Education Department Lahore vide letter No. 6233‑AQN/SWL/69 dated 26th May, 1969, by the Additional Chief Accounts Officer, Office of the Chief Settlement Commissioner, Lahore, Mr. Tariq Jaffery, a delegate of the Chief Settlement Commissioner, under section 10/11 of the Displaced Persons (Land Settlement) Act, 1958, then re‑opened the matter on the application of Khuda Bakhsh, Headmaster, Government High School, Depalpur. Notwithstanding that the proceedings were incompetent on the face of it, he vide order dated 14th October, . 1969, cancelled the order of transfer in favour of the petitioner taking the view that she was not in possession of the disputed property on the crucial date. On an appeal before the Settlement Com missioner (Land), case regarding transfer of the property was referred back to the authority vide order dated 16th May, 1970. The Assistant Settlement Commissioner, Depalpur in pursuance of the remanded order of the Settlement Commissioner, dated 16th May, 1970 . Petitioner again was issued P. T. D. on 10th April, 1972. Respondent No. 1, aggrieved of this order, filed an appeal before the Assistant Commissioner, Depalpur, on 4th March, 1975. The said officer, notwithstanding objection of the petitioner, has assumed jurisdiction in the matter.

3. Evacuee laws were repealed by the Evacuee Property and Dis. placed Persons Laws (Repeal) Act, 1975. Subsection (2) of section 2, inter alia, embodies that upon the repeal of the aforesaid Acts and Regulations, all proceedings which, immediately before such repeal, may be pending before the authorities appointed there under shall stand transferred for final disposal to such officers as may be notified by the Provincial Government in the official Gazette. In the instant case nothing was pending at the time of the repeal. All the settlement officers appointed under various laws, otherwise, ceased to exist as such. Assistant Commissioner, therefore, on 4th March, 1975, could not enter tain a fresh matter. Proceedings, pending before him, therefore, are wholly misconceived and no useful purpose will be served in con tinuing with the same. The writ petition succeeds. Proceedings pending before the Assistant Commissioner, Depalpur, are quashed being incompetent in law. The result is that the P.T.D. issued in favour of the petitioner unless challenged in proper proceedings, shall hold the field.

4. In the circumstances the writ petition is accepted with no order as to costs.

M. Y. M. Petition accepted.

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