Case Details

Citation(s)
1983 SLG 321 1983 SLD 321 1983 SCMR 1246
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 345 of 1979, decision dated: 13-04-1983.(On appeal against the judgment/order of the Lahore High Court in W. P. No. 145/R 76, dated 28 2 1979)
NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
Amjad Ch., Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. S. Wajid Hussain, Advocate on-Record (absent) and Shahzad Jahangir, Senior Advocate Supreme Court for
Respondents Nos. 1 and 2

RISALDAR QURBAN ALI

VS

ALLAH RAKHA AND 2 OTHERS

Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 Contention that allotment made in June, 1959 was invalid, held, .too late in the day to contend Fact of respondents being Jammu & Kashmir refugees having established and Settlement Authorities holding respondents to be entitled to hold on to entitlements High Court, held further, could not disturb restoration of such allotment. JUDGMENT SHAFIUR RAHMAN, J. The petitioner seeks leave to appeal against the judgment of the Lahore High Court, dated 28 2 1979 whereby his constitutional petition challenging the restoration of the land allotted to respondents Nos. 1 and 2 was dismissed. The land in dispute was allotted in 1957 to the aforesaid respondents by way of maintenance as Jammu and Kashmir refugees. In 1972 it was cancelled from their names for various reasons without hearing them. The respondents filed a constitutional petition which succeeded and the matter was remitted to the settlement authorities. The Settlement commissioner by his order, dated 26th January, 1976 allowed them to retain the land. The petitioner who got the allotment after the land was resumed from the respondents invoked the constitutional jurisdiction for getting the…
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