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Evacuee Property Case Laws PLJ 2019 AJK 117 DB

PLJ 2019 AJK 117 DB Case Laws Order of Evacuee Property

PLJ 2019 AJK 117 DB Case Laws Order of Evacuee Property, Azad Jammu and Kashmir Interim Constitution, 1974–Art. 44–Issuance of transfer order of evacuee property–Submission of death certificate of petitioner–Illegal possession–Application against transfer orders–Accepted–Application for issuance of warrant and delivery of possession–Accepted–Issuance of warrant of possession–Appeal rejected–Appeal allowed–Revision petition–Dismissed–Concurrent findings–Filling of writ petition–During pendency of writ petition matter was remanded to ARC possession–Challenge to–It appears that DRC, Poonch, by brushing aside all judgments again remanded matter to ARC (possession) Abbaspur, vide impugned order dated 19.08.2014–Stance of learned counsel for private respondents that issue of will deed dated 24.10.1977, and share of property of petitioner situated in Pakistan, transferred by her father Feroz Din Bhatti, was neither agitated nor resolved earlier belied from order of Custodian dated 11.10.2000, judgment of this Court dated 19.04.2002 and judgment of Apex Court–By accepting instant writ petition, impugned order dated 05.06.2013, of Additional Commissioner Rehabilitation, order dated 12.11.2013, passed by Custodian of Evacuee Property, as well as, order dated 19.08.2014 recorded by DRC. Poonch are hereby set at naught as having been passed without lawful authority, hence, having no legal effect–Consequently, warrant of possession issued by ARC (Possession)/Tehsildar, Abbaspur, dated 13.01.2011, is restored–Petition was accepted.

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