Law: Constitution of Pakistan, 1973

Section: 199

Law: Land Reforms Regulation, 1972

Section: 26 (1), 18 (3)

(a) Constitution of Pakistan (1973) Art. 199 and Land Reforms Regulation, 1972 [M. L. R. 115], para. 26 (1)-Jurisdiction-Contention that under para. 26 no Court, other than appointed under Regulation, empowered to determine any matter under Regulation, held, not correct-Order of Authorities found to be perverse or defeating object of Scheme of Regulation-High Court under Art. 199 has occasion to take note of what Authorities have done-Land Commission Authorities do not enjoy unfettered discretionary powers to act whimsically. [Jurisdiction]. (b) Constitution of Pakistan (1973) Art. 199 and Land Reforms Regulation, 1972 [M. L. R. 115], para. 26(1)--Question of fact-Contention that question of allotting land by Land Commission Authorities being a question of fact, hence not open to challenge in writ jurisdiction, held, not correct Person in law entitled to a thing and yet deprived of it by arbitrary and perverse act of Authorities-Hold, High Court in circum stances would have no hesitation to undo that act.-[Finding of fact]. (c) Land Reforms Regulation, 1972, [M. L. R. 115]  Para. 18 (3)-Respondent having no locus stand! to claim resumed land as against petitioners, being entitled to allotment Land Commission, held, justified to deprive respondent of that right. Date of hearing :17th February 1980.                                                                                                                  JUDGMENT USMAN ALI SHAH, J.-This petition under Article 199 of the Con stitution has-arisen in the following circumstances :- Land measuring 31 kanals and 19 marlas situate in village Deh Bahadur, Tehsil and District Peshawar, which is the- subject-matter of this writ petition, was resumed. and allotted to respondent No. 7 by Deputy Land Commissioner, Peshawar (Respondent No. 5) vide his order dated 8th December 1973. The petitioners preferred an application before the…