Case Details

Citation(s)
1972 SLG 203 1972 SLD 203 1972 SCMR 308
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 79 of 1972, decision dated: 4th July 1972
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMED, J

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MOHAMMAD RAFIQ AND 2 others

VS

MIR ADAM KHAN, CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, RAWALPINDIÂ --Respondent

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sehed., Part II-Shops and godowns-Chief Settlement Commissioner, in exercise of his suo motu powers of revision has power to intervene and declare godown to be not appurtenant to shop-Finding, one of fact and based on relevant materials-High Court, held, justified in not interfering with order in exercise of writ jurisdiction-Constitution of Pakistan (1962), Art. 98. A. R. Shaukat, Senior Advocate Supreme Court instructed by Wall Mohammad, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing : 4th July 1972. JUDGMENT SALAHUDDIN AHMED, J.-The dispute is over two godowns, which were found by , the Settlement Commissioner exercising powers of the Chief Settlement Commissioner to be not appurtenant to and having no connection at all with the shops allotted to the petitioners. The godowns are separated from the shops by a passage. The petitioners, to whom the said godowns were originally allotted, have contended that the Settlement Commissioner has illegally intervened in the matter in the…
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