Case Details

Citation(s)
1981 SLG 487 1981 SLD 487 1981 SCMR 880
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 732 of 1975, decision dated: 15-12-1980. (On appeal from the judgment of Lahore High Court dated 23-5-1975 in Writ Petition No. 609-R of 1973)
KARAM ELAHEE CHAUHAN AND ABDUL KADIR SHAIKH, JJ
Talib Hussain, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record for Petitioner. S. Wajid Hussain, Advocate-on-Record and Asad Ali Rizvi, Advocate Supreme Court for
Respondents.

FATEH MUHAMMAD

VS

MUHAMMAD LIAQAT AND others

Law:

Section:

Constitution of Pakistan (1973)--- Art. 199-Writ-Allotment, restoration of-Land validly allotted to predecessor- in-interest of respondents-High Court, held, rightly main­tained allotment of disputed land in favour of respondents-Plea raised having no bearing on right of respondents or on allotment of land, High Court's order being based on sound principle) of law not open to objection-Petitioner if entitled to allotment of land or cash compensa­tion on basis of order passed by Officer on Special Duty on revalidating a certain claim and cancelling other claim, petitioner, held further, could approach relevant quarters in such behalf-Constitution of Pakistan (1973), Art. 185(3). ORDER ABDUL KADIR SHAIKH, J. The facts of this case briefly stated are that one Abdullah son of Freeda, a claimant displaced person, died in Chunian where he was settled after migration from India. He was allotted land in Qilla Sardar Attar Singh, Tehsil P.halian, District Gujrat on the basis of Fard-a Haqiat issued to hire in lieu o; Claim Form No. 176. The petitioner is said to have filed Claim Form No. 47663 on 12-5-1954 in Tehsil Chunian in respect of the land abandoned by the aforesaid Abdullah in India. Since the area which was previously verified on Claim Form No. 176 was again verified on Claim Form No. 47662, the former Claim Form was cancelled by the Central Record Office. The order cancelling Claim Form No. 176 was set aside by the Lahore High Court in Writ Petition No. 753-R of 1971 on 5-3-1972 with the direction that the case be decided afresh in accord­ance with the Law. On remand, the Officer on Special Duty, Central Record Office upheld the Claim Form No. 176 and cancelled the Claim No. 47663 by the order dated 28-6-1973. Since, in the meantime the allotment of land in the name of Fateh Muhammad on the basis of Claim Form No. 176 was set aside due to the cancellation of that Form, and the land was then allotted to one Noora son of Kallu on 2-10-1971 and he subsequently transferred the same to the Respondents 1 to 7 herein, by way of that, the respondents filed Writ Petition No. 609-R of 1973 in the Lahore high. Court seeking to challenge the order of the Officer on…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492