| Citation(s) |
|---|
| 1974 SLG 233 1974 SLD 233 1974 SCMR 465 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 377 of 1973y decided on, 15th November 1973.(On appeal from the judgment and order of the Lahore High Court made on the 11th of June 1973, in Writ Petition No. 306-H of 1965)
WAHEEDUDDIN AHMAD AND ANWARUL HAQ, JJ
A. R. Shaukat, Senior Advocate instructed by Kh. Walt Mohammad, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1.Sher Alam Mian, Advocate instructed by Sh. Abdul Karim, Advocate-on-Record for
Respondent No. 2.
Civil Petition for Special Leave to Appeal No. 377 of 1973y decided on, 15th November 1973.(On appeal from the judgment and order of the Lahore High Court made on the 11th of June 1973, in Writ Petition No. 306-H of 1965)
WAHEEDUDDIN AHMAD AND ANWARUL HAQ, JJ
A. R. Shaukat, Senior Advocate instructed by Kh. Walt Mohammad, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1.Sher Alam Mian, Advocate instructed by Sh. Abdul Karim, Advocate-on-Record for
Respondent No. 2.
K. F. SHAIFTA
VS
SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND ANOTHER
Law:
Section:
(a) Displaced Persona (Compensation and Rehabilitation) Act (XXVIII of 1958)--- Ss. 20 & 9-No special mode of appointment of officers laid down in Act-Section 9(1) of Act-Only provision enabling appointment of different officers and investment with relevant powers-Central Government acting under S. 9 (1) investing an Additional Settlement Commissioner with powers of Settlement Commissioner, such Additional Settlement Commissioner deemed appointed Settlement Commissioner for all purposes under Act and enjoys all powers of Settlement Commissioner. Barkat Ali v. M. S. Zaman P T D 1968 Lah. 770 held not applicable.. (b) Practice and procedure - ----Government department concerned interpreting its notification in a particular way-High Court, held, right in taking note of such departmental practice. Nazir Ahmad v. Pakistan P L D 1970 SJ C 453 ref. ORDER ANWARUL HAQ, J.-This petition for leave to appeal has arisen out of the dismissal of a constitution petition filed by the petitioner in the Lahore High Court in respect of the transfer of a double-storied evacuee house situate in Krishan Nagar, Lahore. By an order made on the 22nd of October 1960 the Deputy Settlement Commissioner transferred the whole of the house to respondent No. 2, Mahmoodullah Khan, by treating the same as one indivisible unit. The petitioner's appeal was rejected by the Additional Settlement Commissioner by his order dated the 13th of April 1960, and her revision petition was also dismissed by Mr. Saeeduddin Khan, Settlement Commissioner, Lahore Division, by his order dated the 12th of June 1964. The appellate and the revisional authorities upheld the view expressed by the Deputy Settlement Commissioner to the effect that the house was net divisible. The learned Settlement Commissioner further observed that the petitioner was a non-claimant and could not have preference over the respondent. In the High Court, the order passed by Mr. Saeeduddin Khan in revision was challenged on the ground of want of jurisdiction. It was urged that he was only an Additional Settlement Commissioner and had not been appointed as a Settlement Commissioner, nor had he been specially empowered under subsection (3)…
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