Case Details

Citation(s)
1981 SLG 564 1981 SLD 564 1981 SCMR 1048
Supreme Court of Pakistan
Civil Petition No. 1120 of 1975, decision dated: 22-02-1981.(On appeal from the judgment and order of the Lahore High Court, dated 10-10-1975 in W. P. 751/11 of 1974)
MUHAMMAD HALEEM AND ABDUL KADIR SHAIKH, JJ
Zafar Yasin, Advocate for Petitioners. S. Wajid Hussain, Advocate-on-Record for
Respondents.

MUHAMMAD SHARIF AND others

VS

SETTLEMENT COMMISSIONER, BAHAWALPUR AND others

Law:

Section:

Constitution of Pakistan (19'731--- Art. 199 read with Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11-Writ petition and review, petition on same allega­tions earlier dismissed by High Court-Fresh writ petition for same relief not entertained by High Court-Such petition also hit by rule of resjudicata-Conclusion of High Court, held, unexceptionable-Civil Procedure Code (V of 1908), S. 11.-[Res judicata]. ORDER MUHAMMAD HALEEM, J.-According to the petitioners, out of a total number of 373 P. I. Units 299 P. 1. Units were adjusted in Jhamb, District Sahiwal and the remaining 74 P. I. Units remained unadjusted. However, in accordance with the revised formula the number of P. I. Units was raised to 165 units which were transferred from District Sahiwal to District Bahawalnagar. It came to light that the number of P. 1. Units was surreptitiously increased to 366 which were subsequently cancelled by the Additional Deputy Commissioner in exercise of his powers under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. He was, however, allowed to retain 158 P. I. Units. The petitioners challenged the cancellation of the Units through a Writ Petitton No. 722-R of 1973 which was dismissed in limine on 28th November, 1973. A review…
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