- —section 6-B—evacuee land under possession and use of Govt./public department cannot be allotted—land in dispute shamilat-deh land—held: the Rehabilitation authority has got no legal competence to allot such property—if the property is deemed evacuee even then the same cannot be allotted under section 6-B— the land was not in possession of the Custodian or available in the allotment pool rather the same is in possession and use of public department—thus, the whole process of allotment is void, ineffective and inoperative. Education Department v. Custodian & others 2017 SCR 1276 (D)
- —Section 12(a)—Section 44 of AJ&K Interim Constitution Act, 1974— The order of Rehabilitation Commissioner, whereby, the allotment of the allottees was cancelled —forum for allottees—whether revision before the Custodian of Evacuee Property or writ before the High Court. Held: the order passed by the Rehabilitation commissioner, whereby, the allotment of the allottees was disturbed or cancelled could be challenged by way of revision before the Custodian of Evacuee property under section 12(a) of the Rehabilitation Act, 1956. In presence of this statutory remedy, the respondents, herein filed writ petition directly before the High Court which in our consideration was not maintainable. Muhammad Sabir vs Muhammad Tufail & others 2018 SCR 794 (A)
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