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Writ Petition No. 571-R of 19 7, decided on 18th

---Ss. 10 & 11--Evacuee Property and Displaced Persons Laws (Repeal) Ordinance (XV of 1974 S.2--Allotment of evacuee trust property- Cancellation of--Jurisdiction of Settlement Authority--Allotted evacuee property subsequently found to be evacuee trust property, being outside scope of compensation pool, Settlement Authority, held, neither could cancel allotment of such property ad jurisdiction to deal with Mukhbari application filed in respect of such property after repeal of evacuee laws.

---Art 199 Constitutional jurisdiction--Exercise of--Order passed by Authority without jurisdiction, held, could be declared by High Court to have been passed without law ul authority and of no legal effect.

Ch. Mu hammad Abdullah for Petitioner.

Kh. Ghulam Qadir for Respondent.

Date of hearing January, 1986.

Barkat Ali petitioner by means of this Constitutional petition impugns order dated 10-2-1977 of the learned Additional Settlement Commissioner (Lands) Daska whereby he cancelled the allotment of land in dispute existing in favour of the petitioner with observation that respondent No.1 may approach the Evacuee Trust Authorities for purchase of the land in dispute.

2. It appears that on 20-8-1974 Muhammad Shafi respondent filed applicatiorit under section 10/11 of the Land Settlement Act, 1958 seeking cancellation of the allotment of land in dispute made in favour of Barka Ali petitioner. On inquiry it was found that the land in dispute is an evacuee trust property and was not allotable to Barkat Ali petitioner as he had already secured allotment of the land in lieu of his claim in village Ballo Nao, Tehsil Hafizabad District Gujranwala. This order has been challenged b the petitioner on the ground that the application was filed on 20-8 1974 when evacuee laws stood already repealed.

3. It was contended by learned counsel for the petitioner that the land having been found to be evacuee trust property could not have been dealt with by the Settlement Authorities the impugned order therefore passed by the Addittional Settlement Commissioner (Lands0 is without lawful authority. It was further submitted that the petitioner had already purchase the land in dispute from the evacuee trust property board and reference was made to the receipt showing payment of the amount for purchase of the land is dispute.

4. I have considered the contentions raised by learned counsel fort the parties and find that the impugned order passed by the Additional Settlement Commissioner is without jurisdiction mainly for the reason that the land in dispute having been found to be evacuee trust property was outside the scope of compensation pool as such its allotment could not have been cancelled by the Additional Settlement Commissioner (Lands). Moreover, 'Mukhbari' application having been filed after 1-7-1974 the Additional Settlement Commissioner (Lands) had no jurisdiction to deal with the same. The petitioner having reportedly purchased the land in dispute and the impugned order even on that' score is not sustainable under the law.

In the result the impugned order passed by the Additional Settlement Commissioner (Lands) Daska is declared having been passed without lawful authority of no legal effect.

This petition is allowed with no order as to costs.

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