| Citation(s) |
|---|
| 1981 SLG 1458 1981 SLD 1458 1981 PLD 159 |
Lahore High Court
Writ Petition No. 2411 of 1975, decided on 20th September,1980. dates of hearing : 5th, 6th and 8th July, 1980
GUL MUHAMMAD KHAN AND ABAIDULLAH KHAN, JJ
Major Ishaque Muhammad Khan for Petitioners. Talib Haider Rizvi, A. H. Najafi and Tanvir Ahmad Khan, A. A.G. for
Respondent No. 1. Nemo for
Respondent
Writ Petition No. 2411 of 1975, decided on 20th September,1980. dates of hearing : 5th, 6th and 8th July, 1980
GUL MUHAMMAD KHAN AND ABAIDULLAH KHAN, JJ
Major Ishaque Muhammad Khan for Petitioners. Talib Haider Rizvi, A. H. Najafi and Tanvir Ahmad Khan, A. A.G. for
Respondent No. 1. Nemo for
Respondent
FAROOQ AHMAD KHAN LEGHARI AND 37 OTHERSvsSh. MUHAMMAD RASHID, CHAIRMAN, FEDERAL LAND COMMISSION AND ANOTHER --Respondents
Law:
Section:
(a) Land Reforms Regulation,. 1972. -- Para. 29-Revision--Tenant does not possess any right till declaration of declarant considered and decided and declarant, after exhausting his right of "exchange" and "option to retain" particular land, surrenders specified or particular land-Chairman, Land Commission exercising suo motu powers on information supplied by persons other than tenants or non-aggrieved persons-Land owners cannot object to source of such information acted upon, by Commission.-[Revision (civil)]. Muhammad Hayatullah Khan and others v. Federal Land Commission through its Chairman and another P L. D.1977 Lah. 166 ; Amir Begum's case P L D 1961 Lah. 36C ; Tufail Muhammad v. Zia Ullah Khan P L D 1965 S C 269 ; Ghulam Mehr v. Chief Land Commissioner P L D 1974 Lah. 520 and Sahibrai's case P L D 1957 S C (Pak.) 63 ref. Ashiq Muhammad Khan Mazari's case P L D 1977 Lah. 461; Sl:. Amir-udDin's case P L D 1968 S C 165 ; Fazal Din's case P L D 1969 S C 223 and Associated Cement Companies Ltd. v. Pakistan P L D 1978 S C 151 distinguished. (b) Lund Reforms Regulation, 1972- Para. 29-Revision-Notice---Chairman, Land Commission informing declarants that he desired to satisfy himself about legality and propriety of Land Commissioner's Order and that onus lay on them to prove genuineness of transactions included in their deelarationHeld, intention or purpose of law cannot be said to have not been carried out or declarants prejudiced in defence of their cause.[Revision (civil)]. Alta Muhammad Qureshi's case P L D 1971 S C 61 rel. Davis v. Carew Pole (1956) 2 All E R 524 and Russel v. Duke of Norfolk (1949) 1 All E R 109 ref: (c) Bias- --- Decision of an authority cannot be quashed on ground of there being a probability of bias-Decision-maker may be disqualified only if he prejudices merits of a case-Frequent combination in administrative process of adjudicative function may be a cause of preinvolvement of decision-maker-Policy (of Government) cannot be regarded as constituting bias-Accepting bias as a rule would amount to extending judicial recognition to fact that most of decision-makers lack integrity-Concept of bias-Held, repugnant to Islamic law God…
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