| Citation(s) |
|---|
| 1980 SLG 3315 = 1980 SLD 3315 = 1980 CLC 1980 |
Lahore High Court
Writ Petition No. 395/R of 1974 decided on 3rd March, 1980.
Presented By: Shameem Hussain Kadri, J
Mst. Sattan and others v. Group Captain Masroor Hussain P L D 1962 Lah. 151 and Salahuddin and others v. Frontier Sugar Mills & Distillery Ltd. P L D 1975 S C 244 rel. M. S. Baqir and Sardar Sami Hayat for Petitioner. Nemo for
Respondents Nos. 1 to 3. Khan Muhammad Younis Khan and Ghulam Nabi Bhatti for Respon dents Nos. 4 and 5.
Writ Petition No. 395/R of 1974 decided on 3rd March, 1980.
Presented By: Shameem Hussain Kadri, J
Mst. Sattan and others v. Group Captain Masroor Hussain P L D 1962 Lah. 151 and Salahuddin and others v. Frontier Sugar Mills & Distillery Ltd. P L D 1975 S C 244 rel. M. S. Baqir and Sardar Sami Hayat for Petitioner. Nemo for
Respondents Nos. 1 to 3. Khan Muhammad Younis Khan and Ghulam Nabi Bhatti for Respon dents Nos. 4 and 5.
MUHAMMAD MUBARIK KHAN-Petitioner
VERSUS
THE SETTLEMENT & REHABILITATION COMMISSIONER, MULTAN AND BAHAWALPUR DIVISION, MULTAN AND 3 OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 20, 23
Law: Constitution of Pakistan, 1973
Section: 199
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Ss. 20 & 23House having gone out of compensation pool Settlement Authorities, held, become functus officio in respect of such property. Abdul Hamid Khan v. Settlement and Rehabilitation Commissioner and others P L D 1966 S C 719 ; Aminuddin v. Settlement Commissioner and others 1973 S C M R 624 and Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another 1974 S C M R 8 ref. (b) Settlement Scheme No. 1 Para. 19Excess area transferred to petitioner and P. T. D. issuedContention that such transfer order is illegal and void and matter not a past and closed transaction, held, had no force Right of transfer in respect of excess land available to petitioner in circumstances of caseSettlement Authorities could only recover market value of such land. Muhammad Yusuf v. The Chief Settlement and Rehabilitation Com missioner etc. P L D 1968 S C 101 ; Income tax Officer v. Cement Agencies Ltd. P L D 1969 S C 322 ; Noor Din v. The Chairman, Mian Sahib Graveyard Committee, Lahore P L D 1973 S C 17 ; Muhammad Tufail v. Abdul Ghafoor and others P L D 1958 S C (Pak.) 201 ; Khan Tufail Muhammad Khan v. Abdul Hamid and others P L D 1967 Lah. 1058 ; Abdul Hamid Khan v. Settlement and Rehabilitation Commissioner etc. P L D 1966 S C 719 ; Mst. Bakho v. Mst. Sairan and another P L D 1963 Lah. 72 ; Yousaf Ali v. Muhammad Aslam Zia and others P L D 1958 S C (Pak.) 104 and Ali Muhammad v. Hussain Bakhsh and others P L D 1976 S C 37 ref. ' Muhammad Anwar Khan v. M. A. Wasti, S. & R. Commissioner etc. 1975 S C M R 372 distinguished. (c) Constitution of Pakistan (1973) Art. 199LachesLimitationContention 'hat petition being filed after 5 months and as such hit by principle of lachesHeld, no period of limitation provided for filing of writ petitionPeriod of 5 months can hardly be considered as delay. [Delay). (d) Constitution of Pakistan (1973) Art. 199Aggrieved partyContention that petitioners having alienated property as such no more an aggrieved party, held, without forceEven if property has been alienated by petitioner and his right of transfer has been challenged,…