Law: Constitution of Pakistan 1973

Section: 199

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 20(3)

Constitution of Pakistan (1973)   Art. 199 read with Displaced Persons (Compensation and Rehabili­tation) Act (XXVIII of 1958), S. 20(3)--Suo motu revision-Chief Settlement Commissioner ordering Settlement Commissioner to take up case in sum motu jurisdiction and also directing him to send a, copy of final order to his office--Held, judicial power in such circum­ stances could hardly be exercised freely when an authority knows that its decision was going back to his administrative boss who ordered him to take up case-Order of Chief Settlement Commissioner and consequential order of Settlement Commissioner, held, without lawful authority and of no legal effect. LINK1 LINK2 Raja Muhammad lqbal etc. v. Chief Settlement Commissioner etc. P L D 1975 Lah. 1508 ; Sardar Ashiq Muhammad Khan Mazari etc. v. Chairman, Federal Land Commission etc. P L D 1977 Lah. 461 anti Muhammad Afzal v. Board of Revenue, West Pakistan etc. P L D 1967 S C 314 ref. Dates of hearing : 9th to 11th-June, 1980.                                                                                                                                     JUDGMENT Petitioner (since deceased and represented by his heirs) applied for transfer of House No. SW-707-R-3-A, Qutab Road, Lahore along with ground attached and appurtenant thereto and a servant quarter as well as garage. The house was also in possession; of Abdul, Aziz, respondent No. 6 (since deceased and represented by his heirs). 'The spot was inspected by Mr. M. Balagh Haider, Deputy Settlement Commissioner who divided the house into two halves transferring one, to the petitioner Syed Abul Hassan and the other to Abdul Aziz,. respondent No. 6. The transfer order is dated 1-1-1960. Respondent No. 4 Muhammad Ayub applied for transfer of an Industrial Concern No. SW-105-R-43, Rattigan Road, Lahore. He was…