| Citation(s) |
|---|
| 1973 SLG 171 1973 SLD 171 1973 SCMR 510 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 475 of 1972, decision dated: 29th June 1973.(On appeal from the judgment and order of the Lahore High Court, made on the 12th of May 1972, in Writ Petition No. 731/R of 1969)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Ch. Azim-ud-Din, Advocate instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. 475 of 1972, decision dated: 29th June 1973.(On appeal from the judgment and order of the Lahore High Court, made on the 12th of May 1972, in Writ Petition No. 731/R of 1969)
HAMOODUR RAHMAN, C.J. AND MUHAMMAD GUL, J
Ch. Azim-ud-Din, Advocate instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioner. Nemo for
Respondent.
ABDUL HAMID
VS
AZIZ BAKHSH
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 11-Order passed by Additional Deputy Commissioner appointed as Deputy Settlement Commissioner (Lands) with powers of Chief Settlement Commissioner under S. 11 duly delegated-Order not challenged before any higher Settlement authority and allowed to become final-Such order, held, could not be challenged by other independent proceedings. ORDER HAMOODUR RAHMAN, C. J.-The respondent Aziz Bakhsh was allotted certain lands on the basis of the verified claim of his deceased son, but one Muhammad Din, the predecessor-in-interest of the present petitioner, lodged a complaint against him alleging that he had been allotted lands in excess of his entitlement. This complaint was enquired into and rejected by an Additional Deputy Commissioner (General), Lyallpur, who was also Deputy Settlement Commissioner exercising the powers of the Chief Settlement Commissioner as his delegate under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. This order was not challenged before any higher authority, but subsequently the said Muhammad Din filed another complaint before the Additional Deputy Commissioner (Lands) which was accepted by an ex parte order on the 2nd of July 1965. He remanded the case for recalculation of the area said to have been allotted as a garden area. On remand, the Deputy Settlement Commissioner, after visiting the spot, found that there was no garden at all and that no fraud or misrepresentation had been committed by the said respondent. From this order, Muhammad Din went up in appeal without any success, but a revision therefrom was accepted by the Settlement Commissioner, who directed that the excess area allotted to the respondent should be withdrawn after enquiry. This was the order that the respondent challenged in the High Court and the main question urged on his behalf was that as no appeal or revision had been preferred against the order of the Deputy Settlement Commissioner (Lands) passed on 21-9-1962 in exercise of the powers of the Chief…
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