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Civil Petition for Leave to Appeal No. 194‑R of 1982, decided on 16th November, 1982.
(On appeal from the judgment and order of the Lahore High Court, dated 22nd September, 1982, in W. P. 29/R/81).
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
----S. 30 (3)‑Protection to Jammu & Kashmir refugees Discovery made during arguments that petitioners would not be ale to gain anything from setting aside of order impugned before High Court Faced with such situation petitioner's counsel not pressing petition any further‑Supreme Court in circumstances refrained from1making any comments lest it might prejudice case of any of parties‑Petition dismissed.
Samad Mahmood, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 16th November,
‑Leave to appeal has been sought from judgment dated 22‑9‑1982 of the Lahore High Court ; whereby I a constitutional petition in an urban settlement case, was dismissed.
According to. .the learned counsel, Muhammad Rafi Ahmad Siddiqi, the predecessor‑in‑interest of the petitioners, was in part possession of the house in dispute ; namely, house No. T/190 and that Feroze An and Ahmad Ghani, respondents 5 and 6 together with three others were in possession of another portion, and that these persons belonged to Jammu & Kashmir State. According to him, there was yet another set of persons in occupa tion of another portion. Muhammad Rafi Ahmad Siddiqi had submitted a C. H. form on which a transfer order was made in his favour on 19‑7‑1962 but with a reservation and protection regarding afore-mentioned Feroze Din and Ahmad Ghani and their three other companions under subsection (5) of section 30 of the Displaced Persons .(Compensation and Rehabilitation) Act (XXVIII of 1958), as it then existed. Muhammad Rafi Ahmad Siddiqi challenged the reservation by way of appeal which was dismissed on 19‑9‑1962. He had not made any further challenge to the order Dated 19‑9‑1962. However, learned counsel further stated, that the displaced persons from Jammu & Kashmir State filed a revision which was dismissed tin 4‑7‑1963. In the meanwhile, as alleged, only Feroze Din and Ahmad Mani remained in possession and the portions other than that of Muhammad Rafi Ahmad Siddiqi were occupied by different persons. Moreover, the provision relating to protection of displaced persons from Jammu & Kashmir State contained in subsection (5) of section 30 was deleted in 1964 and the main Act was repealed on 1‑7‑1974. A scheme having subsequently been made for the disposal of available property, the respondents submitted forms for the transfer of the property in dispute in January, 1977. The Deputy Administrator (Residual Property) passed an order on 2‑l0‑1980 in favour of the applicants which was challenged through a revision by the petitioners which was allowed only partly by order dated 28‑1‑1981. The case was remanded to the Deputy Administrator (Residual Property) with a direction that "he shall strictly confine his order of transfer to the accommodation made available in the order dated 19‑7‑1962 of the Deputy Settlement Commissioner." The petitioners then filed a writ petition which having been dismissed, they now sought leave to appeal.
Learned counsel for the petitioner then brought to our notice various stages regarding rights of displaced persons from the State of Jammu Kashmir with particular reference to the relevant provisions made fro time to time. When properly analysed it was discovered during the argument that the petitioners would not be able to gain anything from the setting aside of the order impugned before the High Court. Face with the situation learned counsel for the petitioner did not press the petition any further and we refrain from matting any comments lest it might prejudice the case of any of the parties. This petition is accordingly dismissed.
Petition dismissed.
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