| Citation(s) |
|---|
| 1990 SLD 535 = 1990 CLC 1250 |
Lahore High Court
Writ Petitions Nos.1127-R, 1143-R, 1149-R, 1150-R, 1074-R, 1216-R, 1225-R, 1232-R 1236-8,1268-R, 1329-R, 1344-R, 1362-R, 4364-R, 1528-R and 1576-R of 1977, decided on 26th September, 1978.
Presented By: Before Khalil-ur-Rehman Khan, J
S. Farooq Hassan Naqvi for Petitioners. Ch. Hameed-ud-Din for
Respondent No.2. Nemo for the remaining
Respondents.
Writ Petitions Nos.1127-R, 1143-R, 1149-R, 1150-R, 1074-R, 1216-R, 1225-R, 1232-R 1236-8,1268-R, 1329-R, 1344-R, 1362-R, 4364-R, 1528-R and 1576-R of 1977, decided on 26th September, 1978.
Presented By: Before Khalil-ur-Rehman Khan, J
S. Farooq Hassan Naqvi for Petitioners. Ch. Hameed-ud-Din for
Respondent No.2. Nemo for the remaining
Respondents.
NIZAM DIN and another---Petitioners
VERSUS
DEPUTY SETTLEMENT COMMISSIONER (LAND), VEHARI and another---Respondents
Law: Constitution of Pakistan, 1973
Section: 11
Law: Displaced Persons (Land Settlement) Act, 1958
Section:
Rehabilitation Settlement Scheme, 1956--- ----Part II, paras. 13 & 23---Allotment to claimants---Administrative instructions by competent Authority for making allotments---Rehabilitation Commissioner's order, whereby allotments, in specified areas were cancelled by a General order and direction as issued to make allotments afresh, keeping in view guidelines suggested by him in his order, was operative and effective---High Court giving effect to that order in all cases except the one wherein order had successfully been challenged in Constitutional jurisdiction of High Court. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition against a dead person was liable to be dismissed being not competent. Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 11---Constitution of Pakistan (1973), Art.199---Land allotted to petitioner in 1952 was cancelled in 1958 and allotted to respondent---Petitioner failed to challenge cancellation of his allotment and allotment of same to respondent-- Petitioner could not be permitted to question allotment made in favour of respondents at such belated stage---Constitutional petition dismissed in circumstances. S. Farooq Hassan Naqvi for Petitioners. Ch. Hameed-ud-Din for Respondent No.2. Nemo for the remaining Respondents. Dates of hearing: 31st May and 3rd June, 1978. JUDGMENT As common questions of law and facts are involved, by this judgment, I propose to dispose of Constitutional Petitions Nos.1127-R/77, 1225-R/77, 1235 8/77, 1216-R/77. 1232-R/77, 1704-R/77, 1143-R/77, 1268-R/77 1149-R/77, 1234-R/77, 1364-R/77, 1362-R/77, 1329-R/77, 1528-R/77, 1236-R/77, 1150 1/77, 1233-R/77, 1344-R/77 and 1576-R/77 together. These cases have unfortunate history drawn over a period of quarter of a century. In or about 1952, in certain Chaks of Tahsil Pakpattan, District Sahiwal/Tahsil Vehari, District Multan allotments under Rehabilitation and Settlement Scheme were made to claimants holding claims for agricultural land abandoned in India. While making these allotments, provisions of the scheme were not strictly adhered to. Mr. I.U. Khan, the then Rehabilitation Commissioner by an…