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KHADIM HUSSAIN versus STATE


Section 10 Constitution of Pakistan (1973), Article 185 (3) In 1971 the applicant under the Land Allotment / Lease Scheme applied to the applicant for property rights in 1979 and was supported by the field staff. The Collector rejected the request on the ground that the land in question was allotted to asylum seekers belonging to the Republic of Kashmir. The applicant had failed in his constitutional jurisdiction before the Board of Revenue and the High Court. Relies on paragraph 2 (II) of the scheme under which he was claimed to have the property rights and although The applicant was mentioned in the scheme in the order of proprietary rights, but the required condition was not satisfied because such condition did not apply when the applicant was allotted, the condition in question was related to the grant of ownership. Under the scheme no rights can be granted to the applicant

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