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Writ Petition No. 1719‑R of 1976, decided on 3rd December, 1985.

‑‑‑Art.199‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958). Ss.10 & 11‑‑Genuineness of claim‑‑Enquiry by Authority‑‑Effect‑‑Authority finding claim of claimant genuine‑ Re-agitating same matter after long period of years, on application made just before repeal of Evacuee Laws, held, was of no legal effect‑‑Finding of Authority set aside by High Court in constitutional jurisdiction.

Rana Abdur Rahim for Petitioner:

Nemo for Respondents.

Date of hearing: 3rd December, 1985.

The land in question relates to claims of Rehma, Makhmool, Khuda Bakhsh and Hussaina. The allotment was confirmed against the claims on 3‑12‑1960. Later on, an inquiry was held at the instance of enforcement staff on the allegation that these persons never migrated to Pakistan and that they were still living in India. This matter was gone into by Ch. Muhammad Hassan, Deputy Settlement Commissioner, West Pakistan, Lahore and he vide his order, dated 17‑8‑1965 found no truth in the allegations. He found that there was not a single word in the entire evidence to suggest that the claims were bogus. The Deputy Settlement Commissioner directed that the case be filed. The present proceedings were initiated on two applications said to have been made in June, 1974. One application was against Rehma claimant but it we', dismissed on 1‑11‑1976 by Mr. Imtiaz Ahmad. Additional Settlement Commissioner, Jhang. But the same Officer by an order of the same date on an application moved against Hussaina decided to cancel the allotment against all four claims. This order has been assailed in the present writ petition.

2. The learned counsel for the petitioner has argued that the bona fides of the claims having once been investigated in proceedings under sections 10 and 11 and further proceedings in that regard amounts to harassment and nothing else. He has referred to the case of Mst. Nawabzadi Sitars. Begum etc. v. Province of N.‑W.F.P. and others 1985 S C M R 1713 in support of his contention.

3. It is obvious that at the instance of the enforcement staff the genuineness of the claims was inquired into by Ch. Muhammad Hassan, Deputy Settlement Commissioner, West Pakistan, Lahore but he found the claims to be genuine vide order, dated 17‑8‑1965. There was n room for re-agitating the matter again after a long period of nine years and that too, on an application made in June, 1974 just before the Evacuee Laws were repealed. The writ petition is, therefore, allowed and the impugned orders are declared to be of no legal effect. There shall be no order as to costs.

A.A. Petition allowed.

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