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Constitutional Petition No. 142 of 1976, decided on 3rd March, 1983.
---S. 3--Evacuee Property and Displaced Persons Laws (Repeal) -Act (XIV of 1975), S.3--Cancellation of allotment of land Settlement Commissioner by an ex parte order cancelling allotment of land in favour of petitioner after promulgation of Ordinance--Case not pending and re-opened after 1-7-74--Contention that after promulgation of Ordinance, 1974, case of allotment cannot be re-opened by Settlement Authorities in circumstances, held, correct.
Muhammad Ali Sheikh for Petitioner.
Nemo for Respondents.
Date of hearing: 1st March, 1983.
This Constitutional Petition calls into question the ex parte order dated 30-4-1976 of respondent No.1, Deputy Commissioner and Settlement and Rehabilitation Commissioner , Sanghar, cancelling the allotment of the lands in question in favour of the petitioner and cancelling the "khata" of petitioner. It has been averred in the memo. of petition that after the promulgation of Ordinance XV of 1974, the case was re-opened by the Settlement Authorities and enquiry was commenced against the petitioner as well as the claimants. After the enquiry the impugned order, dated 30-4-1976 was passed by respondent No. 1. It has been contended by the learned counsel for the petitioner that after 1-7-74 the case could not be re-opened by the Settlement Authorities and only pending cases could be decided and that also by the notified officer under the Ordinance of 1974, which was later on replaced by the Act of 1975. The assertion that the case was re-opened after 1-7-1974 by the Settlement Authorities and that it was not a pending case, has not been controverted, as no one has appeared on behalf of l the respondents. In view of the provisions of the Ordinance 1974 an Id the Act 1975, this Petition succeeds, as the case was re-opened after 1-7-1974 and the order was also passed thereafter i.e. on 30-4-1976.
2. Constitutional Petition No. S-142 of 1976 is allowed and the impugned order, dated 30-4-1956 of respondent No.1 is declared to have been passed without lawful authority and of no legal effect. All actions and proceedings taken pursuant to order dated 30-4-1976 are also quashed. The petitioner will also be entitled to costs.
M . Y . M . Petition allowed.
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