| Case ID |
319a93ee-25af-4587-a1fa-acf433ede4da |
| Body |
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| Case Number |
Writ Petition No. 119 of 1992 |
| Decision Date |
Dec 04, 1994 |
| Hearing Date |
|
| Decision |
The petition was accepted, and the impugned order passed by the Custodian on September 29, 1992, was set aside. The court held that the Custodian had no legal competence to review the order of his predecessor as the legality of the order had not been challenged by the respondents before any competent forum. Thus, the order had attained finality. The Custodian could only correct clerical mistakes or omissions apparent on the record, but had no jurisdiction to reverse earlier findings on merit. Therefore, all proceedings taken by the Custodian in purported exercise of review powers were deemed non-existent in the eyes of law. |
| Summary |
This case revolves around the powers of the Custodian of Evacuee Property under the Pakistan Rehabilitation Act, particularly regarding the review of orders issued by predecessors. The petitioner, Ali Bahadur, challenged an order that revoked his allotment of land originally allotted to Shairfullah. The Custodian had previously canceled this allotment but later restored it upon review, which the petitioner contested. The court concluded that the Custodian lacked the authority to review the order, as the initial ruling had not been contested by the non-petitioners, thus achieving finality. This decision highlights the limitations of administrative review powers and the importance of adhering to statutory guidelines within the context of property rights in the region. Keywords include 'custodian review powers', 'Pakistan Rehabilitation Act', 'administrative law', 'land allotment disputes', and 'legal authority'. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
|
| Judges |
KHAWAJA MUHAMMAD SAEED, J
|
| Lawyers |
Khawaja Muhammad Nasim for Petitioner,
Sher Zaman Awan for Nons Nos. 4 and 5
|
| Petitioners |
ALI BAHADUR
|
| Respondents |
,
CUSTODIAN OF EVACUEE PROPERTY, MUZAFFARABAD
|
| Citations |
1995 SLD 1101 = 1995 CLC 1241
|
| Other Citations |
PLD 1991 Azad J&K 43
|
| Laws Involved |
Pakistan Rehabilitation Act (XLVII of 1956)
|
| Sections |
12
|