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‑‑‑ Art. 199‑‑Writ jurisdiction‑‑Registration and investigation of criminal case, held, snot be interfered with in writ jurisdiction.

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

(b) Displaced Persons (Land (XLVII of 1958)

-----Ss. 10 & 11 ‑ Notice ‑ Assistant Commissioner passing orders of cancellation of allotment of land on mukhbari application and no notice served on petitioner‑Petitioner a claimant displaced person, held, entitled to be heard ‑ Case remanded to Board of Revenue for entrustment to a notified. officer for proceed ing in accordance with law.

Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C 45 (Pak.) ref.

Ch. Qadir Bakhsh for Petitioner.

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

Ch. Muhammad Nazir Ahmad with Kh. Altaf Ahmad for the Settlement Department.

ABDUL SHAKURUL SALAM, J.‑This order will dispose of W. P. Nos. 642/74, 285‑R/79 and 199‑R/81.

The petitioner is a displaced person and on the basis of his verified claim was allotted 96 Kanals 15 Marlas of land at R. L. II No. 343 of village Amer Sidhu Tehsil and District Lahore by the Urban Allotment Committee on 26th April, 1961. He has also been allotted land measur ing 122 Kanals 19 Marlas at R. L. II No. 93 of village Charar by the Additional Settlement Commissioner (Land) on 26th April, 1962. On 14th ‑ April, 1974, Assistant Commissioner (Sadar) Lahore directed registration of a case against the various persons including petitioner on the allegation that the allotments were bogus. This is challenged by the first petition. In the second petition the order challenged is that of Additional Settlement Commissioner (Land) dated 16th October, 1977 by which the aforesaid allotments were cancelled under sections 10 and 11 of the Displaced Persons (Land Settlement) Act of 1958. In the third peti tion the order of the Additional Settlement Commissioner dated 6th March, 1978 has been challenged by which the allotment in Khata No, 343 afore said has again been cancelled.

In view of Malik Ghulam Ahmad v. Haji Muhammad Yousaf and others (P L D 1976 SC 271), registration and investigation of the case cannot be interfered with. Therefore the first petition is dismissed with costs.

On the mukhbari applications in the next two petitions orders have been passed in the absence of the petitioner. No notice appears to have been issued to the petitioner in the estate where he held the land. He being a claimant displaced person of 20 years standing was entitled to be heard. Reliance may be placed on Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak (P L D 1959 S C (Pak.) 45). Therefore, the two petitions are accepted and case remanded to the Member. Board of Revenue for entrustment to a notified officer for proceeding in accordance with law The petitioner shall have his costs in the last two petitions to be borne by the Settlement Department. '.

M. Y. H. Petition accepted

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