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S. 2, clauses (i) & (v)-Repeal of Registration of Claims (Displa ced Persons) Act (111 of 1956) and Displaced' Persons (Land Settle ment) Act (XLVII of 1958)-Effect of-A's claim for abandoned land verified as rural and allotment made-A's heirs getting same claim verified as urban-On reference from Central Record Room, Deputy Claims Commissioner also verifying heirs' claim as urban Assistant Commissioner canceling allotment made in lieu thereof and directing registration of case-Held, verification of claims by Deputy Claims Commissioner final' under relevant law and .allot ment in dispute within entitlement-Held further, Member Board of Revenue may entrust matter of earlier verification of abandoned land as rural and allotment in lieu thereof to notified officer who may cancel same after notice to persons concerned.

Malik Ghulam Ahmad v. Haji Muhammad Yousaf and others P L D 1976 S C 271 ref.

Sh. Abdul Aziz for Petitioner.

Sh. Riaz Ahmad A. G. with Altaf Muhammad Khan, Sardar Nazar Muhammad Dogar, Ch. Muhammad Nazir Ahmad and Kh. Altaf Ahmad for Respondents.

Dates of hearing: 22nd, 30th November, 1981; 10th April., 6th, 22nd, 27th, 29th, 30th November; 4th to 14th, 7th, 11th to 18th December, 1982.

ABDUL SHAKURUL SALAM, J.-This order will dispose of Writ Petitions (1) No. 594/11-81, (2) 595/11-81, (3) 596/11-81, (4) 597/11-81, (5) 598/11-81 and (6) 599111-81 as well as Writ Petitions (7) No. 659/ R-81, (8) 660/R-81, (9) 661/11-81 and (10) 662/11-81. The first set of petitions are by allottees and the second by vendees of some of the allotted land.

2. Relevant facts as gathered from the petitions and parawise com ments by the A. C. respondent No. 1, are that one Anwaruddin filed a claim for abandoned land, which was verified as rural and allotment made. His heirs, a son and five daughters-the petitioners filed claims which were verified as urban. On reference from the Central Record Room, Claims Commissioner entrusted the matter to late Mr. Jaziluddin Farooqi, Deputy Claims Commissioner-an officer of unimpeachable integrity who verified the petitioners' claims as urban. Allotments in lieu thereof were made in villages Amarsidhu, Baghanwala and Charar. Allotment in the first village went out of the hands of the petitioners because local Muslims being occupancy tenants got decrees in their favour. Allotments in the last village Charar has been cancelled by the A. C. (Sadar) and he has directed registration of case vide order dated 12th October, 1981. This is challen ged by the allottees and the vendees.

3. The case of the petitioners is that the orders of verification of their claims and allotments had become final under the relevant laws; the laws themselves have been repealed since 1st July, 1974 vide Act XIV of 1975; the respondent A. C. had no jurisdiction to pass the order. The action is illegal and arbitrary having been passed in the secrecy of office without notice to petitioners who have been prejudicially affected.

4. The case of the Settlement Department is that the verification of claim as urban was invalid and that the allotment cancelled is in excess of entitlement.

5. We have heard the learned counsel for the parties and gone through the record carefully. Verification of claims by the Deputy Claims Commissioner was final' under the relevant law and the allotment in dispute in village Charar is within the entitlement. The basis of the impug ned order is knocked out. However, in view of Malik Ghulam Ahmad v Haji Muhammad Yousaf and others (P L D 1976 S C 271) we pass no order as regards registration or investigation of-the case. As regards tire assertion of the department that the abandoned land had earlier been verified as rural and allotment made in lieu, thereof, the learned Member Board of Revenue may entrust the matter to a notified officer who may cancel the same if the fact be as asserted, after notice to the persons concerned in accordance with law. These petitions are thus disposed of.

K. M. A. Order accordingly.

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