S. 2(D) — Azad Jammu and Kashmir Administration of Evacuee Property Act, 1957, Ss.18 & 18-A — Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42 — Cancellation of allotment — Essentials — Land measuring 1 Kanal and 1 Marla was allotted under the allotment permit and Proprietary Rights Transfer Order was granted to allottee by Custodian of Evacuee Property — Appellant, allegedly forcibly occupied land measuring 2 Marlas, 3 Sarsais out of the said land and manoeuvred forged and fabricated documents i.e. an agreement and affidavit on the basis of which appellant succeeded to get cancellation of the allotment of occupied piece of land through an order issued from the office of Secretary Rehabilitation — Allottee filed writ petition challenging cancellation order, which writ petition was accepted by High Court — Validity — When the alleged false documents regarding surrender of allotment by allottee were prepared by the appellant, allottee was abroad with her husband — All the proceedings for cancellation of allotment and making subsequent allotment in favour of appellant had been initiated in the allottee’s absence, which was clear violation of statutory provisions — Government under provisions of S.18(7) of Pakistan Administration of Evacuee Property Act,1957, was empowered to cancel the allotment, where it was proved on the basis of an inquiry that allottee had abandoned or had consented for cancellation of the allotment; and under S.18-B(1)(C) of the Act, Custodian was also empowered to cancel any allotment, where it had been found that the allotment had been made in violation of law or was without jurisdiction — Nothing was on record from which it could be ascertained that the allottee ever had surrendered or abandoned her allotment — Cancellation of allotment of allottee was nullity in the eyes of law — In case of surrender or abandonment of allotment, the person who was alleged to have surrendered, his statement must be recorded; presence of first allottee at the time of surrender and signature on the documents relating to surrender, were necessary but nothing had been done in that respect — Before cancellation of first allotment and making subsequent allotment, first thing was the knowledge, appearance before the authority, statement or any valid document vide which surrender or abandonment was made — In the present case, each and every proceedings was made in absence of the allottee, which was void ab initio when the first allotment was subsisting, subsequent allotment could not be made subject to valid and lawful cancellation — Notification cancelling the allotment being arbitrary, issued in violation of the principles of natural justice, was rightly declared without lawful authority by the High Court — Judgment of High Court could not be interfered with, where no illegality, infirmity or irregularity had been pointed out to call interference. Bashir Hussain v. Custodian of Evacuee Property, AJ&K Muzaffarabad 2012 SCR 384 (A, B, C, D, F & G) Faiz Akbar v. Mst Nasim Begum and 8 others 2003 YLR 2729; Sardar Muhammad Hanif Khan and another v. Raja Altaf Hussain Khan Rathore and another 2000 YLR 2386; Bashir Ahmed Khan v. Custodian Evacuee Property AJ&K Muzaffarabad and 2 others PLD 1987 SC (AJ&K) 118 and Sher Ahmed and 4 others v. Custodian Evacuee Property and another PLD 1983 SC (AJ&K) 78 distinguished.
Manzoor Ahmed and another v. Assaduallh and others PLD 1981 AJ&K 21; Saif Ali v. Custodian Evacuee Property and others 1993 SCR 40; Muhammad Afsar Khan and 3 others v. Samundar Khan and 3 others 1998 MLD 2013; Azmatullah and another v. Ali Bahadur and others 1996 CLC 254; Sardar Muhammad Aziz Khan v. Messrs United Kashmir Flour Mills Pvt. Ltd. PLD 2004 SC (AJ&K) 1 and Karachi Development Authority v. Dawood 1984 CLC 2080 rel.