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Writ Petition No. 276/R of 1977, decided on 4th March, 1985.

---Art. 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11--Units--Allotments of--Verification in excess of claim--Excess units due to wrong calculation by authorities and could not be adjusted against petitioners' allotment of pending units--Settled refugees, in circumstances not to be unsettled--Settlement Department directed for adjustment of units accordingly.

Ch. Muhammad Abdullah for Petitioners.

Nemo for Respondent No. 1.

Ch. Muhammad Nazir Ahmad for Respondent No. 2.

Date of hearing: 4th March, 1985.

Petitioners are refugees from Jammu & Kashmir. They were made temporary allotment. After verification of their claim, they were confirmed the land measuring 101 Kanals 6 Marlas in village Kachi Mand, Tehsil and District Sialkot on 25-5-1961. On an application of the respondent No.1, dated 28-7-1969 the Additional Settlement Commissioner (Land), Sialkot found that the petitioners had excess allotment of 65 units. He further observed that the petitioners who had unsatisfied claim, had not brought it in the estate. Consequently, he cancelled the aforesaid allotment of 65 units and directed its allotment in favour of respondent No.1. This is, vide order, dated 24-11-1969. Hence this Constitutional petition. 2. Learned counsel for the petitioners has contended firstly, that the excess of 65 units had been found for the reason that the earlier calculation was not right. It was submitted that the calculations were not made by the petitioners but the authorities themselves and, therefore, it was not a case of calling for cancellation of the allotment. Secondly, the petitioners had unsatisfied units pending for allotment which could have been adjusted against the units ordered to be cancelled and for 20 excess units, the petitioners could not have been disturbed in their confirmed allotment. 3. Learned counsel for the Settlement Department has submitted that 45 units still stated to be pending would be deemed to have been adjusted against the petitioners' allotment and as regards 20 units in excess, in the circumstances of the case, the petitioners would be entitled to retain the same. 4. In view of the circumstances that settled refugees need not have been unsettled and their pending units should have been adjusted and in all the circumstances of the case correct and just position taken by the learned counsel for the Settlement Department, the petition is allowed with the result that the petitioners would be entitled to remain in peace of the allotment initially made in their favour. Since nobody has appeared to oppose the petition, there shall be no order as to costs. S.A. Petition allowed.