Case Details

Citation(s)
1983 SLG 563 1983 SLD 563 1983 PLD 444
Lahore High Court
Writ Petition No. 1321/R of 1974, decided on 8th May, 1983.
FAZAL-E-MAHMOOD, J
Talib H. Rizvi for Petitioner. Muhammad Ashraf Falahi for
Respondent No. 1.

Mst. ALLAH RAKHIer

VS

SETTLEMENT COMMISSIONER, SARGODHA DIVISION, SARGODHA AND 3 others--Respondents

Law:

Section:

Constitution of Pakistan (1973)- Art. 199-Petitioner seeking interference on technical grounds Impugned order equitable and flowing from proper consideration of rights of parties-Order not showing any injustice to parties-Despite just and fair decision demand for enforcement of proverbial shylock's pound of flesh, held, not justified in writ jurisdiction which is equitable and discretionary-Petition dismissed. JUDGMENT After a long drawn litigation which saw two rounds, ultimately the dust has been settled by virtue of the impugned order. The officer has taken the view that there has been rateable distribution of the ihatas amongst the litigating parties. 2. I have beard the learned counsel for the petitioner who has tried to pursuade me to interfere on technical pleas. I, however, feel that the impugned order is equitable and flows from a proper consideration of to rights of the parties. The real purpose of Rehabilitation and Settlement Laws to ensure the rehabilitation of the…
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