Case Details

Citation(s)
1963 SLG 3640 = 1963 SLD 3640 = 1963 PLD 757
Sindh High Court
Writ Petition No. 765 of 1962, decided on 19th April, 1963.
Presented By: Qadeeruddin Ahmed and H. T. Raymond, JJ  
Kureshi Mahmood Ahmed for Petitioner.   Khalid Ishaq, A. A: G. and Safdar for
Respondent.   Dates of hearing : 26th and 27th March 1963.  

Nawab Haji KHAIR MUHAMMAD KHAN-Petitioner  

VERSUS

  THE STATE-Respondent

Law:

Section:

  West Pakistan Land Reforms Regulation (C. M. L. A's No. 64) para. 3-Scope very wide-Provisions of Regulation and -Rules framed thereunder to have effect notwithstanding decree obtained from Civil Court-West Pakistan Land Reforms Rules, 1959.   Pahlumal Motiram v. The Chief Land Commissioner P L D 1961 Kar. 384 ref.   West Pakistan Land Reforms Regulation (C. M. L. A's No. 64) para. 4(3) - Chief Land Commissioner entitled to discharge functions appertaining to that office irrespective of whether he happens to be Martial Law Authority or not-- Lifting of Martial Law does not affect ambit of authority -Constitution of Pakistan, 1962, Art. 225-Martial Law Orders (Repeal) Order (29 of 1962), Art. 2.   Interpretation of Statutes-Punctuation not essential part of statute.   West Pakistan Land Reforms Rules, 1959, r. 11-- Review suo motu-No limitation of time.   Sahibrai v. The Custodian P L D 1957 S C (Pak.) 63 ref. JUDGMENT   QADEERUDD N AHMED, J.-The petitioner challenges the validity of the order of Mr. I. U. Khan, Chief Land Commis sioner, West Pakistan, dated the 31st of July 1962, by which he reviewed the order dated the 9th of April 1960, passed by Mr. Ahsanuddin his predecessor-in-office and set aside the latter order by which Nawab Haji Khair Muhammad Khan, the present petitioner was allowed once again to exercise his choice with regard to the land which he desired to retain. The petitioner is dissatisfied with the loss of this choice and has questioned the legality of the order of Mr. I. U. Khan.   The circumstances which have given rise to this petition are that the petitioner whois a big land-holder, submitted a declaration under paragraph 15 of the Martial Law Regulation No. 64 with the object of surrendering the land which was in excess of the maximum area that could be retained and to retain the land of his choice. According to his learned counsel, objection was taken to his first choice of the land which he desired to retain ; therefore, he submitted another schedule containing the description of the land which he wanted to retain with the following note at the foot of it :-   "We own lakes in…
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