Case Details

Citation(s)
1984 SLG 529 1984 SLD 529 1984 SCMR 471
Supreme Court of Pakistan
Civil Appeal No. 40-P of 1975, decision dated: 29-11-1983 (On appeal from the judgment and order of the Peshawar High Court dated 23rd May, 1974 in Writ Petition No. 687/73)
MUHAMMAD HALEEM, ACTG. C.J., S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ

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SAMIULLAH KHAN--Appellant

VS

. ATTAULLAH KHAN WAZIR AND others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)------- Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched. and Settlement Scheme No. VIII-Transfer of evacuee property-Leave to appeal granted to examine contentions (i) as to entitlement of appellant for transfer of property in light of memo issued by Chief Settlement Commissioner regarding disposal of unattractive evacuee properties; (ii) that High Court had erred in thinking that property bad to be disposed of under Settlement Scheme No. VIII, and (iii) that appellant bad made- no application offering to purchase property. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ----S. 10 & Sched and Settlement Scheme No. VIII-Property in dispute put to repeated auction but failing to fetch reserved price­ Transfer of such property to respondent on negotiation basis and against reserve price-Held, cannot be challenged by appellant having no locus stand in matter-Order of High Court maintained-Consti­tution of Pakistan (1973), Art. 185. Muhammad Sultan Mir v. Yusuf Hussain Dada P L J 1975 S C 222 distinguished. Bashir Ahmad Ansari, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants. M. Sardar Khan, Advocate Supreme Court instructed by Amirzada Khan, Advocate-on-Record (absent) for Respondent No. 1. Respondents Nos. 2 and 3: Ex parte. Date of hearing: 29th November, 1.983. JUDGMENT S. A. NUSRAT, J.---This appeal is from the judgment of the Peshawar High Court, dated 23-5-1974 whereby a constitution petition brought by Attaullah Khan (hereinafter referred to as the respondent) was accepted in the back­ground of the following facts:- The dispute relates to evacuee property bearing No. 766/C/24/16 to 38/16-A situated near Grain Market, Bannu City. The said property was put to auction on 17-1L1961 when the bid for Rs. 63,369 offered by one Hamidullsh Khan was accepted. The amount of bid was equivalent to the reserve price. Hamidullah Khan having failed to pay the sale price, the auction in his favour was ultimately cancelled on 19-4-1967. The property was thereafter put to auction on 31-3-1968 when Hamidullah Khan…
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