Ilam Din predecessor-in-interest of the petitioner was a displaced person from J & K State and was allotted 72 Kanals 8 Marlas of land in village Talwandi Bhindran, Tehsil Narowal, District Sialkot. On the basis of application filed under Sections 10 & 11 of the Displaced Persons (Land Settlement) Ad, 1958 this land was cancelled from the name of the allottee vide order dated 29-4-1975. This order was challenged in review by the petitioner's father. Review petition was dismissed for want of jurisdiction. The case was remanded in Writ Petition No. 602-R/75 for fresh decision by this Court vide order dated 2-6-1980. The respondent No.l vide order dated 3-i1-1982 decided the Mukhbari application filed by respondents No.l and 2 and resumed the land in favour of the Federal Government. This order has been challenged through this Constitutional Petition.
2. Ch. Muhammad Abdullah Advocate has appeared on behalf of the petitioner and has argued that the land in question having been allotted to the predecessor-in-interest of the. petitioner as J&K refugee could not have been cancelled and resumed under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 in view of law declared in case of Ghulam Muhammad v.
Ahmad Khan and others (PLD 1991 Supreme Court 154).
3. None has appeared to oppose this writ petition.
4. I have considered the arguments addressed by the learned counsel for the petitioner and have also gone through the record. Admittedly the land was allotted to the petitioners predecessor in interest as J&K refugee, therefore, it could not have been either cancelled or resumed under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 in view of the law declared in case of `Ghulam Muhammad' referred to supra. The petitioner being real daughter of the deceased is entitled to inherit this land, hence, the impugned order is illegal and without lawful authority.
Resultantly, this writ petition is accepted. The impugned order is declared to be illegal, void and is set aside and the land in dispute is restored to the petitioner.