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---Art. 199--Displaced Persons (Land Settlement)Act (XLVII of 1958), Ss.10 & 11--Cancellation of allotment restored by High Court--Land once allotted to claimant, held, could not be re-allotted to other claimant without first cancelling previous allotment.

---Art. 199--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 a 11--Constitutional jurisdiction, exercise of--Gozara allowance- Displaced Person from Jammu and Kashmir--Lands allotted as Gozara allowance purchased by Ministry of Kashmir Affairs for transfer on payment of price--Land in dispute allotted as Gozara in favour of predecessor-in-interest of petitioner--Land once allotted, held, could not be re-allotted without cancellation of first allotment--Re-allotment of land declared to be without lawful authority by High Court in constitutional jurisdiction.

Dr. A . Basit for Petitioner.

M.M. Saeed Baig for Respondents Nos. 2 and 3.

Date of hearing: 14th December, 1985.

The facts necessary for the disposal of this writ petition are that Khasra No.3851 measuring 8 Kanals situated in Mauza Rasool Nagar, Tehsil Wazirabad, District Gujranwala, was allotted to the predecessor-in-interest of Mst. Lal Begum petitioner for his Gozara on Ration Card No.47232 vide allotment order, dated 1-10-1958. This allotment was somehow cancelled and the land was allotted in the name of Gul Sher father of Muhammad Shafi and Shamasuddin respondents Nos. 2 and 3.

2. Fateh Muhammad predecessor-in-interest of the petitioner alongwith others filed a constitution petition bearing Writ Petition No.165 of 1960 in this Court against the order of the Additional Rehabilitation Commissioner passed in appeal and that of the Rehabilitation Commissioner passed in revision. This writ petition was dismissed by a learned Judge of this Court vide order, dated 8-1-1965 with the observation that L in pursuance of the order of the Additional Settlement Commissioner the allotment in favour of the petitioners (therein) was cancelled by the Rehabilitation Commissioner then they will be entitled to seek their remedy in accordance with law, and that as their allotment having not been cancelled so far this petition was premature. Subsequently, the learned Additional Settlement Commissioner vide order dated 10-5-1962 cancelled the allotment of land including the land of Khasra No.3851 in dispute from the name of aforesaid Gul Sher and restored the allotment in the name of Fateh Muhammad predecessor-in-interest of the petitioner. This very Khasra number was again included in the allotment made in favour of respondents Nos.2 and 3 vide order, dated 6-5-1976 of the learned Additional Settlement Commissioner (Land), Gujranwala. Under this order the disputed Khasra number and Khasras Nos. 3926, 3939 and 4689 were allotted. This constitution petition was filed to assail the inclusion of Khasra No. 3851 in the allotment made in favour of respondents Nos. 2 and 3 vide the impugned order; dated 6-5-1976. The allotment of this Khasra number, it was conceded, could not have been made in favour of the contesting respondents as the allotment of the said Khasra on 10-5-1962 was restored in pursuance of the order passed by this Court in Writ Petition No. 165-R of 1960. Even otherwise it was not disputed that the Khasra in dispute could not be allotted in the names of the contesting respondents without first cancelling the allotment made in favour of the predecessor-in-interest of the petitioner.

3. There is yet another aspect of the matter that all the lands which stood allotted as Gozara allowance to the displaced persons -from Jammu and Kashmir were purchased by the Ministry of Kashmir Affairs. The lands so purchased were then to be transferred on payment of price to the displaced persons from Jammu and Kashmir according to the scheme in force. The contesting respondents as such could not be allotted the disputed Khasra as it stood allotted to the petitioner's predecessor-in-interest as Gozara allowance.

4. For the reasons given above the allotment of the disputed land to the contesting respondents was illegal and without lawful authority. The allotment made in favour of the contesting respondents to the extent of Khasra No. 3851 measuring 8 Kanals situated in Mauza Rasool Nagar, Tehsil Wazirabad, District Gujranwala, is, therefore, declared to have been made without lawful authority and hence of no legal effect. The petitioner will have to approach the concerned authority in the Ministry of Kashmir Affairs by submitting a proper application for securing proprietary rights in accordance with the scheme in force and such application, if made, shall be disposed of in accordance with law. In these terms the petition succeeds with no order as to costs.

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