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Constitutional Petition No.S-1 of 1982, decided on 23rd February, 1987.

---S.10--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2 (2)--Constitution of Pakistan (1973), Art. 199--Entitlement certificates issued to claimants after verification of claims--Subsequently new entitlement certificates issued to such claimants as a result of curtailment of their respective entitlements- Name of one claimant missing from new entitlement certificates on ground that left out claimant had failed to send Form MR-I--Claimants submitting original Form III and postal acknowledgment receipts alongwith their constitutional petition-- Effect Authority acknowledg ment on Form III supported by postal acknowledgment receipts submitted alongwith constitutional petition and such factual aspect not contested by respondents, held, would indicate that revised entitlement certificate was issued by authorities without taking into consideration claim of petitioners predecessor--High Court in exercise of constitutional jurisdiction remanded case to Notified Officer, for making a thorough enquiry into the claim of petitioners and to decide same in accordance with law.

Najibullah Khan for Petitioners.

Manzoorul Haq for Respondents.

Date of hearing: 23rd February, 1987.

The petitioners were Displaced Persons who had migrated from India to Pakistan. It so happened that one Mst. Razia alongwith petitioner No.3, Yaqoob Farooqui and Sadruddin Farooqui, husbands of petitioners Nos.l and 2 respectively and real brothers of petitioner No.3, jointly filed a claim for the property left by them in India. The claim was duly verified and entitlement certificate on form QPR-5 was issued in their favour in respect of District Dadu which was later transferred to District Tharparkar and on the basis of that land comprising of 229.12 Acres was allotted to them in District Tharparkar. In 1960 MLR 84 came into force which required the aforesaid persons to file declaration in respect of their properties left in India and a declaration on form MR-I was consequently submitted by them to the respondents. In the meanwhile in 1961 MLR 89 came into force which required issuance of new entitlement certificates on the basis of previous entitlements. A different scale was also provided in para. 5 of MLR 89 which had the effect of curtailing the respective entitlements of the petitioners' predecessor. Be that as it may, but the respondents thereafter issued new entitlement certificate on form MR-V in respect of properties of only three of the claimants leaving out Yaqoob Farooqui the husband of petitioner No.1. In the meanwhile Yaqoob Farooqui and Sadruddin Farooqui both died and they were survived by their widows namely Mst. Naushaba Khanum and Mst. Shafiq Fatima, petitioners Nos. I and 2 besides other legal heirs. After their death, the petitioners made enquiries from the respondents in respect the omission of the name of Yaqoob Farooqui from the entitlement certificate but a reply was received that Yaqoob Farooqui had failed to file form MR-1. As the petitioners had in their possession receipts in the form of acknowledgment on form MR-3 and postal acknowledgement, the respondents were, therefore, apprised of the factual positions. however, they refused to accept the petitioners' contention and insisted that MR-I form on behalf of Yaqoob Farooqui had not been received by them. The last letter received by the petitioners through their counsel in this respect is, dated 15-8-1981.

I have heard Mr. Najibullah Khan, learned counsel for the petitioners and Mr. Manzoorul Haq learned counsel for the respondent No.1. None appeared on behalf of respondents Nos.2 to 6 nor any counter-affidavit was filed on their behalf.

The sole contention bf Mr. Najibullah Khan has been that the respondents had wrongly assumed that Yaqoob Farooqui had not sent form MR-I to the respondents. The petitioners have also filed original form III and the postal acknowledgment receipts alongwith this petition in support of their contention that the same had been sent to the respondents by post under registered A.D. Cover.

After perusal of the original documents produced by the petitioners, I find lot of substance, in the contention of Mr. Najibullah Khan. The Settlement Commissioner appears to have acknowledged the receipt on form MR-I sent by the petitioners' predecessor Yaqoob Farooqui which is indicated by the department's acknowledgment on form III (Annexure 'C'). This document is further supported by the postal acknowledgment receipts which have also been filed alongwith the petition as Annexure 'D'. This factual aspect of the case had not, been contested by the respondents as they have failed to file any counter-affidavit. It is, therefore, clear that the revised entitlement certificate was issued by the respondents to the petitioners without taking into consideration the claim of Yaqoob Farooqui. Mr. Manzoorul Haq, learned counsel for the respondent No. 1 has stated that the Federal Government has no concern with this petition. Since none has appeared on behalf of the respondents Nos.2 to 6 to explain the position. I have little option in the matter but to accept the petitioners' contention which ex facie appears to be correct.

Consequently this petition is allowed and the case is remanded to the notified officer for making a thorough enquiry into the claim of the petitioners and in case receipt of MR-I form from the petitioners' predecessor Yaqoob Farooqui is established, to decide their case after consideration of the same.

A. A./ N-9 / K. Petition accepted.

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