| Citation(s) |
|---|
| 1966 SLG 5368 = 1966 SLD 5368 = 1966 PLD 939 |
Lahore High Court
Writ Petition No. 1883JR of - 1962, decided .on 20th April 1966.
Presented By: Karam Elahi Chauhan, J
M. A. Fareedi for Petitioner. Nemo for
Respondent No. 1. Nasim Hassan Shah and Sh. Abdul Manan on 2E-2-66 and 4-3-66 and Raja Muhammad Anwar on 7-4-66 for
Respondent No. 2.
Writ Petition No. 1883JR of - 1962, decided .on 20th April 1966.
Presented By: Karam Elahi Chauhan, J
M. A. Fareedi for Petitioner. Nemo for
Respondent No. 1. Nasim Hassan Shah and Sh. Abdul Manan on 2E-2-66 and 4-3-66 and Raja Muhammad Anwar on 7-4-66 for
Respondent No. 2.
TAJ BIBI-Petitioner
VERSUS
IJAZ HUSSAIN SHAH, SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE AND ANOTHER-Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
Section: 1
Law: Constitution of Pakistan, 1962
Section: 98
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---- ---- Sch., Part I-Transfer of house-Chief Settlement Commissioner while holding A regular allottee, also holding B as allottee of same house-Order, held, suffered from error apparent on face of record-Case remanded. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----- ----- Sch. Part I-Transfer of house- Claimant applicants more than one-Claim of one having bigger or lower valuation-Cannot constitute item of preference in matter of transfer-One applicant preferred to exclusion of another on such consideration-Order of transfer, based on extraneous consideration, held, illegal and without authority. Ch. Altaf Hussain and others v: The C. S. C. and others P L D 1965 S C 68 ref. (c) Constitution of Pakistan (1962)----- ----Art. 98 Writ-- Mandamus-Lower Court or tribunal basing its decision on consideration of matters absolutely outside ambit of its jurisdiction rather than matters which law requires it to consider and give decision on their basis-Order liable to be quashed and case to be remanded back for decision afresh in accordance with law. The Queen v. Cotham and another, Justices, and Wallace and Webb (1898) 1 Q B 802: K. B. Muhammad Yaqub v. The Secretary Provincial Transport Authority, Karachi and another P L D 1959 Kar. 507 and Ikram Bus Services v. Board of Revenue, West Pakistan etc. P L D 1963 S C 564 ref. (d) Constitution of Pakistan (1962)------ -----Art. 98-Writ-Order of tribunal found suffering from illegalities-Objections, raised 'in petition on either side, of factual nature-Lower Court or tribunal best forum for their scrutiny and adjudication-Proper course, in such circumstance, to remit case to that forum. Ghulam Mohy-ud-Din v. C. S. and R. C. and others P L D 1964 S C 829 and Syed Azmat Ali v. C. S. C. and others P L D 1964 S C 260. Dates of hearing : 28th February and 4th March…