| Citation(s) |
|---|
| 1979 SLG 183 1979 SLD 183 1979 PLD 210 |
Sindh High Court
Constitutional Petition No. 39 of 1976, decided on 15th February 1978. Date of hearing: 25th October 1977.
AGHA ALI HYDER, C.J. AND S. A. NUSRAT, J
S. Nasir-ud-Din for Petitioner Shah Jamil Alam, Deputy Attorney General for
Respondents.
Constitutional Petition No. 39 of 1976, decided on 15th February 1978. Date of hearing: 25th October 1977.
AGHA ALI HYDER, C.J. AND S. A. NUSRAT, J
S. Nasir-ud-Din for Petitioner Shah Jamil Alam, Deputy Attorney General for
Respondents.
KHAIR MUHAMMAD er
VS
CHAIRMAN, FEDERAL LAND COMMISSION, ISLAMABAD, RAWALPINDI AND 2 OTHERS --Respondents
Law:
Section:
Land Reforms Regulation, 1972 [M. L. R. 115] ---- Para. 29 Chairman or a member of Federal Land Commission sitting singly Held, not competent to bear and dispose of revision application under para. 29. [Revision (civil)]. Constitutional Petition No. D-1056 of 1975 fol. Sardar Ashiq Muhammad Khan Mazari v. Chairman, Federal Land Com¬mission PLD 1977 Lah. 461; Muhammad Hussain and others v. Federal Land Commission Writ Petition No. 361 of 1977 and Province of East Pakistan, v. Sirajut Haq Patwari PLD 1966 SC 654 ref JUDGMENT S. A. NUSRAT, J. By this judgment we propose to dispose of Constitutional Petitions Nos. 1203/75, 39/76, 658/76, D 96/77, D 294/77 and D 337/77, in which impugned orders were passed by the Chairman, Federal Land Commission, sitting singly, and Constitutional Petitions Nos. 551/75, 558/75, 354/76, 533/76, 534/76, 541/76, 542/76, 753/76, 794/76, D 112/77, D 205/77, D 146/77 and D 194/77, in which impugned orders were passed by a Member, Federal Land Commission also sitting singly. 2. We had already disposed of several petitions in which impugned orders happened to be passed by a Chairman or a Member of the Federal Land Commission sitting singly and in doing so we had followed an order of a Division Bench of this court dated 24 2 1976 allowing Constitutional Petition No. D 1056/75 on the ground that a Chairman or a Member of the Federal Land Commission sitting singly was not competent in law to hen and dispose of revision application under para. 29 of the Land Reform Regulation, 1972. We accordingly proposed to decide other pending petition involving the same point as hithertofore, but Mr. Shah Jamil Alam, learned Deputy Attorney General, appearing on behalf of the Federal Land Commission, asked for a detailed hearing with a view to place his own point of view in the matter. Accordingly we have heard him on behalf of the Federal Land Commission and out of the several Advocates appearing for the petitioners, Mr. Muhammad Ali Saeed addressed us in the matter. Mr. Shah Jamil Alain contended that it was not incumbent upon us to said order of a Division Bench of this court dated 24 2 1976 as the same did not contain any reasons and therefore it was…
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