| Citation(s) |
|---|
| 1975 SLG 3377 = 1975 SLD 3377 = 1975 PLD 1331 |
Lahore High Court
Writ Petition No. 621-R of 1968, decided on 12th February 1975.
Presented By: Karam Elahee Chauhan, J
Raja Muhammad Anwar for Petitioners. Saeed Akhtar for
Respondent No. 3. Nemo. for the Remaining
Respondents:
Writ Petition No. 621-R of 1968, decided on 12th February 1975.
Presented By: Karam Elahee Chauhan, J
Raja Muhammad Anwar for Petitioners. Saeed Akhtar for
Respondent No. 3. Nemo. for the Remaining
Respondents:
MANZOOR AHMAD AND 4 OTHERS-Petitioners
VERSUS
CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, WEST PAKISTAN, LAHORE AND 2 OTHERS-Respondents
Law: Constitution of Pakistan, 1962
Section: 98, 190
Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Section: 20 (2), 10
(a) Constitution of Pakistan (1962) Art. 98-Writ petition against interlocutory-Chief Settlement Commissioner whilst accepting revision remanding- case to Settle ment Commissioner for "disposal in accordance with law"-Chief Settlement Commissioner, while dealing with revision virtually determin ing main case and sealing fate of matter-Writ petition, against order of Chief Settlement Commissioner, in circumstance, maintainable. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 20 (2)-Revisional jurisdiction of Chief Settlement Commissioner taken away with effect from 13-1-1962 by Ordinance II of 1962. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) [As amended by Ordinance II of 1962], S. 10 (b)-S. R. O. No. 824 (k)/61 lapsed with repeal of cl. (b) of S. 10 with effect from 13-1-1962 - Any reference thereafter made by informant for cancellation of docu ments-Incompetent and misconceived. Muhammad Siddiq etc. v. Chief Settlement and Rehabilitation Commissioner, Lah. etc. P L D 1965 S C 123; Abdul Karim v. Sh. Mohammad Rafiq Settle ment Commissioner with powers of Settlement and Rehabilitation Commissioner, Lahore and others P 1. D 1966 Lah. 33 and Allah Ditta v. Ha/1 Jan Mohammad and others P L D 1974 S C 113 ref. (d) Constitution of Pakistan (1962) Art. 190-No tribunal or Court can whittle down efficacy of orders of superior Courts. Mata Prasad v. Nageshar Sahai 52 I A 398 and Fazal Elahee and others v. The Crown P L D 1953 F C 35 ref. (e) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched.-Division of property-Objection as to manner of - Could not render transfer "irregular" so as to re-open same at instance of Enforcement Staff. Muhammad Siddiq and others v. Chief Settlement anit Rehabilitation Com missioner, Lahore and others P L D 1965 S C 123 ref. (f) Displaced Person's (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched.-Transfer of house-Issuance of P. T. D.-Chief Settlement Commissioner thereafter not competent to re-open case. Aminuddin v. Settlement Commissioner and others 1973 S C M R 624 and Syed Murid Hussain Shah…