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PLJ 2023 Karachi 32

MUMTAZ ALI vs SECRETARY TO THE GOVERNMENT OF PAKISTAN MINISTRY OF

CitationPLJ 2023 Karachi 32
CourtSindh High Court
Case No.C.P. No. D-36 of 2006
Date2022-11-24
Judge(s)Muhammad Iqbal Kalhoro, Adnan-ul-Karim Memon
ResultPetition disposed of

ORDER

1. Petitioner claims to have purchased agricultural land bearing C.S Nos. 239, 306, 309/1,2,3 and 6 admeasuring 14.3 acres in Deh Pai Taluka Tando Adam District Sanghar in the year 1994, and since then he is in possession of the land and cultivating the same. His case is that the land was Evacuee property and was acquired under the compensation pool and was allotted to one Waheeda Begum vide Khatooni dated 03.09.1959 RL-II No. 48 dated 03.09.1959 by the Assistant Rehabilitation Commissioner against her verified claim. Thereafter, she was put into physical possession of the same and necessary mutation was also recorded in the record of rights vide entry No. 29 in Deh Form-XV, and later on in Deh Form-WI on 24.02.1994 in her name.

2. The case of the Evacuee Trust Property-respondents No. 2 and 3 is that this was Evacuee property, and never made part of compensation pool and it was not allotted to Wahida Begum. It was a part of trust pool and since from very beginning the Evacuee Trust Property is in possession of the property. Learned counsel for the petitioner submits that in the past identical cases were filed before this Court and this Court was pleased to refer the matters to the Chairman ETP Board Lahore for reconsideration on the basis of documents possessed by them and his case may also be referred to the Chairthan ETP Board for reconsideration on the same ground.

3. Learned counsel for the Board has accepted this proposal and has recorded no objection.

4. Accordingly, this petition is disposed of. The case of the petitioner is referred to the Chairman ETP Board Lahore for reconsideration on the lines reportedly, the cases of others similarly placed persons have been considered and decided, after examining all the documents including the documents which the petitioner may file for supporting his case and for a decision within the period of three months from today.

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