| Citation(s) |
|---|
| 1978 SLG 249 1978 SLD 249 1978 SCMR 424 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 803 of 1975, decision dated: 3rd August 1978.
ANWARUL HAQ, C.J. AND KARAM ELAHEE CHAUHAN, J
Ch. Muhammad Sadiq, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate on-Record for Petitioner. Farrukh Amin, Advocate Supreme Court instructed by Inayat Hussain, Advocate on-Record for
Respondent No. 1. Nemo for
Respondent No. 2
Civil Petition for Special Leave to Appeal No. 803 of 1975, decision dated: 3rd August 1978.
ANWARUL HAQ, C.J. AND KARAM ELAHEE CHAUHAN, J
Ch. Muhammad Sadiq, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate on-Record for Petitioner. Farrukh Amin, Advocate Supreme Court instructed by Inayat Hussain, Advocate on-Record for
Respondent No. 1. Nemo for
Respondent No. 2
ASADULLAH BEG
VS
ASHIQ AND ANOTHER
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958) ---S.15 Permanent settlement Certain areas in same estate earlier taken away from petitioner on ground, as alleged in present case, and allotted to respondent Petitioner's appeal against such order dismissed but petitioner not challenging order any further by any means and allowing matter to be final Petitioner having accepted such principle vis a vis land involved in previous orders, held, could not challenge present order proceeding on same basis Field numbers, subject¬ matter of present controversy, being really in excess of ceiling of allotment fixed in relevant area, petitioners in present proceedings, held, tried to have land to extent not permissible under law High Court in circumstances, held, could not have been able to grant any relief to petitioner even if defect of laches on petitioner's part in filing writ petition were ignored. ORDER KARAM ELAHEE CHAUHAN, J. The petitioner who is a refugee from Nabha State (India) was allotted land measuring 8 acres in Chak No. 109/15 L and 15 acres and 1 kanal in the adjoining Chak No. 99/15 L. Both these Chaks fall in the same patwar circle and are situated in Tehsil Khanewal, District Multan, where as per instructions issued under the West Pakistan Rehabilitation Scheme there is fixed a ceiling of 12 ½ acres beyond which land cannot be allotted to any refugee. As the total allotment made to the petitioner exceeded the aforesaid permissible ceiling, therefore, making grievance of the same Ashiq Ali (respondent No. 1) filed an appeal against order dated 31.8 1961, whereby land in excess of permissible ceiling in Chak No. 99/15 L was confirmed in the name of the petitioner. The learned Deputy Rehabilitation Commissioner (Land) rejected that appeal on 15 2 1962. Respondent No. l then filed a revision which was accepted by the learned Additional Settlement and Rehabilitation Commissioner, Multan, on 30 7 1962, whereby he sliced away Killas Nos. 20 and 23 of Square No. 63 from the allotment of the petitioner and gave the same to the said respondent whose allotment was still less than the permissible ceiling though his cl2im otherwise was for more land. 2. The…
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