1986 PLP 2070 (MLD)

‑‑‑S.10‑‑Evacuee Property Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)‑‑Constitution of Pakistan (1973), Art.199‑‑Transfer of evacuee property‑‑ Settlement Authority without disposal of N.C.H. Form submitted by petitioner for transfer of plot in his possession, transferred same to respondent through auction without hearing petitioner‑‑Transfer order passed by Settlement Authority in favour of respondent was declared illegal by High Court in exercise of constitutional jurisdiction. Sh. Muhammad Nasim for Petitioner. A.R. Shaukat and Ch. Muhammad Nazir Ahmad for Respondents. Through this constitutional petition Feroze Din petitioner want this Court to declare that the auction proceedings relatable to the disputed plot were illegal and without lawful authority. The petitioner also requested for direction to the Settlement Authorities for the transfer of the disputed premises to him.

2. The dispute relates to the transfer of a plot measuring 7 Marlas 76 square feet situated in Ward No.2 Mandi Bahaud Din. The petitioner is a refugee for Jammu and Kashmir. He claims to be in possession of the disputed plot since 1950. His case is that he raised Pucca construction on the plot. On 26‑10‑1966, he filed K. N. C. H. Form for the transfer of the plot with construction thereon which was registered at S.No.8294 in the relevant receipt register. It so happened that without having disposed of the Form submitted by the petitioner for the transfer of the property, the Settlement Authorities put the plot to auction and transferred the same to Mahmoodul Hassan.

3. The learned counsel for the petitioner mainly contended that the Settlement Authorities could not have transferred the disputed property to Mahmoodul Hassan respondent No.2 without first having disposed of the Form filed by the petitioner. Conversely, the learned counsel for the respondents have supported the impugned order.

4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. I find that the petitioner was in possession of the disputed plot; that he had raised construction thereon; that he had filed K . N . C . H . Form for the transfer of the disputed property on .26‑10‑1966 and that instead of disposing of the Form filed by the petitioner the Settlement Authorities put the disputed plot to auction and transferred the same to Mahmoodul Hassan respondent No.2. It is well‑settled that 'the moment the Form was filed by the petitioner, he was entitled to be heard. In the instant case the disputed property was put to auction not only without hearing him but also without having the Form filed by him disposed of.

5. For what has been said above, the impugned order is declared to have been passed without lawful authority and of no legal effect. The matter is sent back to the Additional Deputy Commissioner (General) /Notified Officer, Gujrat for fresh decision in accordance with law after giving the parties opportunity of being heard. The parties are left to bear their own costs. H.B.T. Order accordingly.