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Constitutional Petition No. 240 of 1975, decided on 11th October, 1983.

Displaced Persons (Land Settlement) Act (XLVII of 1958)-

-- S.. 10-Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2-Constitution of Pakistan (1973), Art. 199 Allotment of land to petitioner in 1960 - No proceedings pending on 1-7-1974 regarding cancellation of allotment-Deputy Commissioner, on ex parte reports, suo motu reopening case of final allotment of petitioner after 1-7-1974 [date from which Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) came into . forcej Deputy Commissioner'not specifying capacity in which he re opened case and passed orfier of cancellation of allotment---Held, as no proceedings were pending on 1-7-1974, case of allotment of land to petitioner could not be reopened by Deputy Commissioner-Order of Deputy Commissioner declared without lawful authority, of no legal effect and set aside. [p. 631A

Muhammad Younus v. Muhammad Younus Khan 1981 S C M R 899 ref.

Maroof Ali Khan for Petitioner.

Abdul Majeed Khan for Respondent.

Date of hearing : 11th October, 1983.

. JUDGMENT

Through this Constitutional Petition, the petitioner, Farman Ali, challenges the order dated 7-2-1975 by the Deputy Commissioner, Sanghar. I have heard Mr. Maroof Ali Khan, learned counsel for the petitioner and Mr. Abdul Majeed Khan, learned counsel for the intervenor, Rana Vilayat Ali Khan. No one has appeared on behalf of the Deputy Commissioner, Sanghar. It may also be observed that no counter-affidavit has been filed by or on behalf of the respondent.

2. The petitioner, a claimant displaced person from East Punjab, bad filed his claim which was verified by the Central Record Office for 8346 Produce Index Units. It is his case that he first settled in District Lyallpur after his migration to Pakistan and submitted his claim there but as evacuee land in Lyallpur District was not available his claim had been transferred to Dera Ismail Khan for settlement but there again as land was not available for allotment, petitioner's claim was transferred for settlement in Sanghar. According to the petitioner, against his claim, land was allotted to him in District Sanghar and a Khatoni was issued on 27-2-1960 and that he has been in possession of the said lands since then. According to the petitioner, the Deputy Commissioner, Sanghar suo motu reopened the case of final allotment of the petitioner after 1-7-1974 and after receiving some ex parte reports from the Deputy Commissioner, Dera Ismail Khan, cancelled the allotment of the petitioner in respect of the lands in question by order dated 7-2-1975.

3. From the impugned order dated 7-2-1975 of the Deputy Commis sioner, Sanghar and from the other documents on record, it is clear that the case was reopened by the Deputy Commissioner after 1-7-1974. It also appears that no proceedings were pending in connection with the cancellation of the lands allotted to the petitioner on 1-7-1974 from which date the Evacuee Property and Displaced Persons Laws (Repealed) Act, 1975 came into force. It has not been specified by the Deputy Commissioner, Sanghar in his impugned order in what capacity he had reopened the case and was taking action for cancellation of the lands of the petitioner. Apparently the Deputy Commissioner, Sanghar had taken action under the Settlement Laws but the Settlement Laws had already been repealed with effect from 1-7-1974. As no proceedings were pending on 1-7-1974, the case of allotment of the lands in question to the petitioner could not be reopened by the Deputy Commis sioner, Sanghar. Learned counsel for the petitioner had cited Muhammad Younus v: Muhammad Younus Khan (1), which supports the contention of the learned counsel for the petitioner that case could not be reopened by the Deputy Commissioner, Sangbar after ,1-7-1974 as no proceedings were pending on 1-7-1974 in respect of the lands of the petitioner.