Case Details

Citation(s)
1999 SLD 850 = 1999 CLC 1278
Peshawar High Court
Writ Petition No. 157 of 1987, decided on 1st April, 1998.
Presented By: Before Qazi Muhammad Farooq and Mrs. Khalida Rachid. JJ
Sardar Khan for Petitioners. Zia-ur-Rehman, A.A. -G. for
Respondents Nos. l and 2. Mian Fasihul Mulk for
Respondents Nos.3 to 23. Muhammad Waris Khan for Applicant (in Civil Miscellaneous No.451 of 1993).

Mian GUL SHAHZADA JAHANZEB through Legal Heirs and another  Petitioners

VERSUS

DEPUTY           LAND           COMMISSIONER,           SWAT                           and mother--- Respondents

Law: Land Reforms Regulation, 1972

Section: 11, 12, 13 , 26

Land Reforms Regulation, 1972 (M.L.R. 115)--- ---.Paras. 11, 12, 13 & 26---Constitution of Pakistan (1973), Art 199 Constitutional petition--=Resumption of excess land allotted to sitting tenants-- Predecessor of petitioners owned huge quantity of land within as well as outside State of Swat which was merged alongwith State of Dir and Chitral ---Land in dispute devolved upon petitioners after death of predecessor  Petitioners were asked to submit their declaration under para. 12 of Land Reforms Regulation, 1972 and to make choice for land to be retained by them which was done by petitioners---Authority, in view of declaration furnished by petitioners and choice exercised by them, allotted excess area of land to sitting tenants in accordance with law---Land in excess of entitlement of petitioners which was resumed under Land Reforms Regulation, 1972 (M-.L.R. 115) having been vested in Authority, was rightly allotted to sitting tenants  Orders of allotment of reserved land passed by Competent Authority within purview and framework of Land Reforms Regulation, 1972, not suffering from any statutory violation or jurisdictional defect, were immune from challenge in Constitutional jurisdiction of High Court. Malik Faqir Hussain and 3 others v. Federal Land Commission, Islamabad and 3 others PLD 1976 Lah. 1083; Muhammad Hayatullah Khan and others v. Federal Land Commission through Chairman and another PLD 1977 Lah. 166 and Capt. Muhammad Allah Dad v. Chairman, Federal I-and Commission and others PLD 1979 Note 124 at p-92 ref. Sardar Khan for Petitioners. Zia-ur-Rehman, A.A. -G. for Respondents Nos. l and 2. Mian Fasihul Mulk for Respondents Nos.3 to 23. Muhammad Waris Khan for Applicant (in Civil Miscellaneous No.451 of 1993).   Date of hearing: 11th February, 1998. JUDGMENT QAZI MUHAMMAD FAROOQ, J.--- The petitioners, who are legal heirs of Badshah Sahib, the founder Ruler of the erstwhile State of Swat, have prayed for the following reliefs through the present writ petition:- The orders of allotment of property, Annexures H to H-20, in favour of respondent Nos.3 of 23 and the proceedings connected there with may be declared to be illegal and…
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