Law:

Section:

Rehabilitation and Settlement Scheme No. VI Settlement authority not recording findings according to directions of High Court-High Court later remanding case for holding inquiry as previously directed and to determine superiority of claims of parties under scheme-No ground for leave to appeal, held, made out. Date of hearing: 11th March 1975.                                                                                                                          ORDER MUHAMMAD YAQUB ALI, J.-The land in dispute situated in the former Federal Area of Karachi was, under Settlement Scheme No. VI, allotted to, the petitioners and confirmed in their names on 4-7-1968. Later on than allotment was cancelled on the objections filed by other claimants that, under the Scheme, the petitioners held the lowest category as compared' to other eligible claimants. Some of the Survey numbers were allotted to respondent No. 1. The petitioners thereupon filed separate appeals before the Additional Settlement Commissioner who restored their allotments: The legality of these orders was disputed by the respondents by separate Writ Petitions in the High Court of Sind & Baluchistan. Both the Writ Petitions were allowed by a learned Single Judge of the High Court and he gave the following directions:- "As a result of the arguments which went on the whole yesterday, at the learned counsel agree that the order of the Additional Settlement. Commissioner (Land) dated 30-8-1969 be quashed. The case is therefore remanded to the Settlement Commissioner and the parties to the petition will be entitled to press their entitlements which will be decided according to law under Scheme No. 6. " The Additional Settlement Commissioner failed to carry out the: directions given by the High Court and disposed of the matter on a purely technical view. He held that one of the rival claimants,…