Case Details

Citation(s)
2017 SLG 2472 2017 SLD 2472 2017 YLR 1887
Peshawar High Court
R.F.A. No. 53-M with C.Ms. Nos. 727, 828 and 1001 of 2016, decision Dated: 17-11-2016. Hearing Date : 16-11-2016.
MUHAMMAD YOUNIS THAHEEM, JUSTICE
Sabir Shah, A.A.G. for Appellant. Rana Muhammad Arshad Khan, Ihsanullah and Muhammad Nabi for
Respondents.

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SENIOR MEMBER BOARD OF REVENUE AND 3 OTHERS

VS

NAWABZADA MUHAMMAD SHAHABUDDIN THROUGH LEGAL HEIRS AND OTHERS

Law:

Section:

Land Reforms Regulation, 1972 [MLR No. 115]--- ----Preamble---Judgments by Supreme Court and High Court, implementation of---Objections by Provincial Government---Scope---Dispute was with regard to land---Federal Land Commission had decided the matter in year 1975 and High Court had given its verdict in the matter in favour of predecessor-in-interest of land owner which was maintained by the Supreme Court---Lower Appellate Court had rejected objection petition by Provincial Government in implementing the orders passed by superior courts---Validity---Provincial Government had failed to point out as to what kind of hindrance existed with the Provincial Government in implementation/execution of the orders and s---Once the matter was decided by High Court and Supreme Court, Provincial Government lost all legal and ethical grounds for interference---High Court in appeal declined to interfere in the order passed by Lower Appellate Court. 2003 SCMR 501; PLD 2004 SC 570; 2010 CLC 1527; 1996 CLC 539; 1999 SCMR 1633; 2012 SCMR 366; 1994 CLC 500; 2004 CLC 1633; 1986 MLD 1961; 1991 SCMR 1149; 1999 CLC 1845 and PLD 1974 Kar. 426 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- Through the instant appeal, the appellants have challenged the order/ judgment dated 16.6.2016 passed by the learned District Judge/Zila Qazi Dir Lower at Timergara, vide which objection petition of the appellants/judgment debtors has been dismissed. 2. Brief but necessary facts of the case are that Nawabzada Muhammad Shahab-ud-Din Khan, the predecessor-in-interest of the respondents Nos. 1/1 to 2/16 owned property as Khan of Jandol. The predecessor of the respondents Nawabzada Mohammad Shahab-ud-Din Khan submitted declaration forms before the then Deputy Land Commissioner Dir in respect of transfers of his property to his close relatives/family members and servant subsequently the Deputy Land Commissioner sent his recommendations to the Land Commissioner Malakand Division, who duly validated and confirmed the declarations filed by said Nawabzada Shahab-ud-Din Khan, but, afterward the Chairman Federal Land Commission by exercising his suo motu powers passed an order on…
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