| Citation(s) |
|---|
| 1981 SLG 3119 = 1981 SLD 3119 = 1981 SCMR 375 |
Supreme Court of Pakistan
Civil Appeal No. 57 of 1976, decided on 8th March, 1981. (From the order of this Court dated 13-7-1973 in C. P. S. L. A. No. 354 of 1972).
Presented By: Dorab Patel and Abdul Kadir Shaikh, JJ
A. R. Shaukat, Senior Advocate Supreme Court and Inayat Hussain, Advocate-on-Record for Appellant. Raja Said Akbar, Advocate Supreme Court and Raga Maqbool Ahmad Qadri, Advocate-on-Record (absent) for
Respondent No. 1.
Respondent No. 2: Ex parte.
Civil Appeal No. 57 of 1976, decided on 8th March, 1981. (From the order of this Court dated 13-7-1973 in C. P. S. L. A. No. 354 of 1972).
Presented By: Dorab Patel and Abdul Kadir Shaikh, JJ
A. R. Shaukat, Senior Advocate Supreme Court and Inayat Hussain, Advocate-on-Record for Appellant. Raja Said Akbar, Advocate Supreme Court and Raga Maqbool Ahmad Qadri, Advocate-on-Record (absent) for
Respondent No. 1.
Respondent No. 2: Ex parte.
Sardar MUHAMMAD UMAR KHAN-Appellant
VERSUS
Raja GUL ZAMAN KHAN AND OTHERS-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 18
Law: Constitution of Pakistan, 1973
Section: 199
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 18-Appeal--Order confirming auction sale reading: "approved provided property is available for transfer"-Held: Such order purely an administrative order and also a conditional order Property subject of auction having been permanently settled in favour of appellant and thus being not "available for transfer", order confirming auction sale could not be set up as a bar to disqualify subordinate settlement authority from bearing case on judicial side as appellate authority and order passed on hearing thereafter not in nature of review of earlier order of such authority. Abdul Jabbar Khaa v. Additional Settlement and Rehabilitation Commis sioner P L D 1964 Kar. 365 and Muhammad Rashid v. Chief Settlement and Rehabilitation Commissioner P L D 1962 Lah. 217 ref. (b) Constitution of Pakistan (1973) Art. 199--Writ jurisdiction---Conclusive finding of fact by Settlement authority holding disputed land not to be an urban building site and being rightly allotted to appellant against his verified claim for urban land, held, nut liable to interference in writ jurisdiction by High Court. Date of hearing: 12th October, 1980. JUDGMENT ABDUL KADIR SHAIKH, J.-The dispute in this appeal, by special leave concerns 14 marlas of land, being part of Khasra No. 9206/4084, measuring I kanal, 7 marlas and 6 sarsais, situate on Chaklala Road, Rawalpindi. This Khasra along with certain other area was temporarily allotted to the appellant in September, 1960, in satisfaction of his verified claim for urban land, and the allotment was confirmed under…