| Citation(s) |
|---|
| 1982 SLG 203 1982 SLD 203 1982 SCMR 212 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 308 of 1975, decision dated: 26-10-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 29-9-1974 in R. P. 71 of 1973)
MUHAMMAD HALEEM AND MUSHTAQ HUSSAIN, JJ
S. Iqbal Ahmad Zaidi, Advocate, instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. 308 of 1975, decision dated: 26-10-1980.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 29-9-1974 in R. P. 71 of 1973)
MUHAMMAD HALEEM AND MUSHTAQ HUSSAIN, JJ
S. Iqbal Ahmad Zaidi, Advocate, instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner. Nemo for
Respondents.
MAJID
VS
QUTAB DIN AND OTHERS
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--S. 19-Revision-Delegation of powers-Additional Settlement Commissioner and Settlement Commissioner both delegatees of Chief Settlement Commissioner in regard to exercise of revisional powers revisional powers having been once exercised by Additional Settlement Commissioner and exhausted, Settlement Commissioner, held, could not exercise such power.-[Revision (civil)-Delegation of powers]. West Pakistan Land Commissioner, Lahore and others v. Fatehullah Khan and others P L D 1971 S C 393 and Noor Muhammad, etc. v. Chief Settlement Commissioner P L J 1974 Lah. 218 ref. (b) Constitution of Pakistan (1973)- ---Art. 185(3)-Leave to appeal-Contention that tribunal concerned had no power to decide revision petition not raised before such tribunal-Petitioner, held, cannot complain on such score. ORDER MUHAMMAD HALEEM, J.-As the petition against the judgment of the Lahore High Court, Lahore dated 16th November, 1973, dismissing Writ Petition No. 492-R of 1966 is barred by 331 days for which there is no explanation, the learned counsel for the petitioner states that he would not challenge it. He, however, seeks to challenge the order passed in Review Petition No. 71 of 1973 dated 20th of September, 1974. The claim of the first and the second respondents was transferred from village Qaim Shah Wala to village Mohammadipur, Tehsil Chunian, District Lahore, for settlement. On 1st of May, 1962 a piece of land was proposed for transfer in their favour at Khata Nos. 715 and 716 of R. L. II which proposal was confirmed on 4th of July, 1962. The petitioner, who claims to be the sitting allottee of that village filed an appeal against the confirmation of this land before the Chief Settlement Commissioner (Land) who accepted it by order dated 24th of January, 1964, with the result that the confirmation was cancelled and the land was re-allotted to him. These respondents then filed a revision against the order before the Additional Settlement Commissioner (Land) on 11th of March, 1964, and during the pendency of these proceedings, Ordinance No. XIII of 1964 was enforced on 28th of December 1964, which took away the…
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