' By this petition filed under Article 199 of the Constitution of Pakistan, 1973 the petitioner seeks to challenge the order, dated 18-5-1977 passed by Mr. Wasim Hamid Rizvi, Settlement Commissioner, Sind, Central Settlement Cell at Karachi whereby the order, dated 23-10-1976 passed by Mr. Qutubuddin Niazi, Deputy Settlement Commissioner (Land), Karachi was set aside and the land in question was ordered to be continued on the list of available properties.
2. The facts giving rise to this petition are as under:-
3. Survey Nos. 617, 396 and 327 Deh Thano, Tappo Malir, Taluka and District Karachi were transferred with possession on 31-8-1984 to one Haji Fiquatullah under Settlement and Rehabilitation Scheme Sind. It was later on developed by him inasmuch as that he raised some construction, installed a tube-well and planted a garden. On 14-7-1963 the Government introduced Scheme No,5 framed under section 14(1) of the Displaced Persons (Land Settlement) Act, 1958 whereby it was decided that the evacuee agricultural land situate in some of Dehs (including Deh Thano) in the District Karachi will not be transferred in lieu of claim verified under displaced Persons (Registration of Claims) Act, 1956. It was, however, provided in the said scheme that the land may be sold to the allottees as first priority on payment of the price.
4. Haji Fiquatullah applied to the Chief Settlement Commissioner on 24-6-1974 for sale of the land to him under Martial Law Regulation 86 as substituted in place of the said scheme. The Chief Settlement Commissioner accorded his approval to the sale of the said land to the said Haji Fiquatullah on 30-6-1974. 30-6-1974 was the last working day of the Settlement Authorities under Displaced Persons (Land Settlement) Act, 1958 as instructions, dated 21-5-1974 had already been issued by the Prime Minister's Secretariat to wind up the Settlement work by that date. No challan for payment of the price of the said land was issued to Haji Fiquatullah nor any notice is alleged to have been received from the Settlement Department in this regard. Meanwhile, Displaced Persons (Land Settlement) Act, 1958 was repealed on 30-9-1974 by ordinance of 1974 with effect from 1-7- 1974. Haji Fiquatullah expired on 16-12-1974. On 24-12-1974, after the repeal of the Displaced Persons (Land Settlement) Act, as stated above, a Notification was issued whereby a number of officers were notified to do the pending work under various acts including the Displaced Persons (Land Settlement) Act, 1958. Thereafter, a report was submitted by respondent No,1 to respondent No,2 on 10-3-1975 recommending that the approval granted by the Chief Settlement Commissioner by his letter, dated 30-6-1974 may be withdrawn as the price has not been paid by the allottee, the said Fiquatullah. This recommendation was accordingly approved by respondent No,2. No sooner the petitioner, who is the son of late Haji Fiquatullah, came to know of it he made an application on 18- 10-1975 to Deputy Settlement Commissioner (Land), Karachi for permission to pay the price stating, inter alia, that neither the late Fiquatullah nor his heirs had received any notice for payment of the price. Even if it has been issued, it was issued on the wrong address as his father had already expired as long back as 16-12-1974 before the appointment of the notified officers,
5. The Deputy Settlement Commissioner allowed the application for permission to pay the price as the petitioner and his father were old occupants of the land in question and they had raised a garden and constructed house thereon. In his order, dated 23-10-1976 he further observed that after the payment of price of the entire land made in lump sum, the Secretary, Board of Revenue Sind, Hyderabad will be requested to exclude the above-said survey numbers from the list of available properties. The petitioner was granted fifteen days' time to pay the price which he accordingly paid. Thereafter, on 5-5-1977 one Rifatullah Lodhi, a step-brother of the petitioner filed an application to Mr. Wasim Hamid Rizvi, Settlement Commissioner Sind, Karachi challenging the said order of Deputy Settlement Commissioner (Land) passed by him in favour of the petitioner. A notice of the said application was issued to the petitioner which was heard on 18-5-1977 and the order of Deputy Settlement Commissioner (Land) was set aside by his order, dated 18-5-1977 which has been impugned in this petition.
6. I have heard Mr. Maroof All Khan, learned counsel for the petitioner and Mr. Muhammad Ibrahim Memon, Additional Advocate-General for the respondents.
7. Mr. Maroof All Khan contends that Mr. Wasim Hamid Rizvi, Settlement Commissioner Sind, Karachi was not competent to entertain any application or pass any order thereon under Displaced Persons (Land Settlement) Act, 1958. I have perused the Notification No, CSK /74-2048, dated 24-12- 1974 issued by Additional Member, Board of Revenue/Secretary Rehabilitation Department, Government of Sind notifying Mr. S. Wasim Hamid Rizvi as authorized officer to hear cases of Appeal or revision under (1) the Displaced Persons (Compensation and Rehabilitation) Act, 1958, (2)
Registration of Claims (Displaced Persons) Act, 1956 (3) Scrutiny of Claim (Evacuee Property)
Regulation, 1961, (4) Pakistan Rehabilitation Act, 1956 and Recovery of price of Evacuee Property and Public Dues Regulation, 1971. Evidently Mr. S. Wasim Hamid Rizvi is not a notified officer authorized to hear cases under the Displaced Persons (Land Settlement) Act, 1958. This objection was taken before him at the time of passing the impugned order but he did not agree with the contention that he had no jurisdiction to pass the impugned order. However, he passed the order in his capacity as the Administrative Head of the Office of the Settlement Commissioner, Sind. I am afraid, the order is not sustainable by law on both the grounds namely, that he was neither a notified officer to entertain the application moved by Rifatullah, step-brother of the petitioner and pass the impugned order thereon nor he could do so as the Administrative Head of the Settlement Department, Sind as it was not an administrative matter which he was dealing with. The order passed by the Deputy Settlement Commissioner (Land) was a judicial order and could only challenged by way of appeal or revision before the notified authority as mentioned in the Notification referred to above.
8. In this view of the matter the impugned order, dated 18-5-1977 passed by respondent No, 1 is declared null and void as having been passed without lawful authority. However, it will be open to Mr. Rifatullah Lodhi to take appropriate legal steps for the vindication of his rights, if any, according to law. The petition is, therefore, allowed to the extent as stated above.