Case Details

Citation(s)
1982 SLG 742 1982 SLD 742 1982 PLD 800
Lahore High Court
Writ Petition No. 236/R of 1982, decided on 6th July, 1982
FAZL-I-MAHMOOD, J
Ch. Khurshid Ahmad with Ch. Muhammad Bakhsh for Petitioners. Ch. Muhammad Nazir Ahmad Khan with Ch. Inayat Ullah Khan for
Respondents

GHULAM MEHARBAN AND 3 others

VS

DEPUTY SETTLEMENT COMMISSIONER AND another--Respondents

Law:

Section:

Provisional Constitution Order (1 of 1981)- ---Art. 9 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) and Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-Writ petition-Dispute over transfer of property between petitioner and Settlement Authorities­ Manifold contentions of parties on factual and legal plane-Settlement Authorities found to have passed orders without jurisdiction-Parties arriving at compromise and praying that disputes may be remanded for fresh disposal by a Notified Officer to be nominated by Board of Revenue-Writ petition disposed of in terms of compromise and cases accordingly remanded as prayed for. Ahmad Din v. Bashir Ahmad and others P L D 1979 Lah. 330; Ch. Altaf Hussain and others v. Chief Settlement Commissioner P L D 1965 S C 68 and Muhammad Jamil Asghar v. The Improvement Trust P L D 1965 S C 698 ref. Maulana Syed Abul A'la Maudoodi v. The Government of West Pakistan P L D 1964 S C 673 ref. JUDGMENT This Constitutional petition has been filed on the basis of the grievance that the Settlement Department was not honouring .the orders of its Notified Officers and consequently Transfer Orders in respect of portions of Faridkot House, Lahore,. comprising a plot and a servant quarter were not being issued in favour of the petitioners. 2. The facts leading to the filing of the Constitutional petition briefly stated are as follows. The petitioners' predecessor-in-interest Ghulam Nabi was a Chaukidar in the Resettlement and Employment Department. In that capacity he was allowed to live in a quarter of Faridkot House Lahore. Reliance is placed on Annexure `A' which is an office order dated 6-7-50 issued by the Administrator of the Directorate of Resettlement and Employment. The petitioners claim this to be an allotment order. A perusal of it shows that the office order entailed that Ghulam Nabi, should not be disturbed and asked to vacate the quarters unless the quarters attached to the building No. 3, Begum Road, where the Directorate had shifted, were got vacated by the Rehabilitation Department and their possession was given to that office for which the Rehabilitation Authority had…
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