Case Details

Citation(s)
1984 SLG 915 1984 SLD 915 1984 SCMR 1357
Supreme Court of Pakistan
Civil Petition No. 53 of 1981, decision dated: 7-03-1981 (On appeal from the judgment and order dated 22-11-1980 of the Lahore High Court passed in I.C.A. No. 23/4-1980)
S. ANWARUL HAQ, C.J. AND FAKHRUDDIN G. EBRAHIM, JJ

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ALLAH BAKHSH

VS

. ASSISTANT COMMISSIONER and another--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10--Dispute over allotment of evacuee land--Petitioner's right standing extinguished by order of Rehabilitation and Settlement Authorities passed in 1952 against which petitioner did not agitate at proper time before its confirmation by way of appeal or revision--Leave to appeal refused. Hassan Ahmad Kanwar, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th March, 1981. ORDER ANWARUL HAQ, C.J.-- The dispute in this case relates to evacuee agricultural land comprised in Khasra No.9 of Square No. 30 situate in Chak No. 180/K.B., Tehsil and District Vehari. It was temporarily allotted to the petitioner Allah Bakhsh in 1947, but subsequently this allotment was cancelled, and the land was allotted and confirmed on the 30th of June, 1952, in favour of Fazla father of respondent No.2 against his verified claim. The petitioner did not agitate against this allotment and confirmation. 2. By an omnibus order made on 23rd November, 1956, the Rehabilitation Commissioner, set aside all the allotments of evacuee land made in this village. This order was challenged by Fazla and 19 others by means of writ petition 605-R of 1958, which was accepted by the learned Judges of the High Court by his order dated the 20th of January, 1980, and the Rehabilitation Commissioner's order was declared as being without lawful authority. A letters Patent Appeal was filed against this order, but the same was dismissed and later a petition for special leave to appeal was also dismissed by the Supreme Court. 3. Some other writ petitions, bearing Nos. 2549-R of 1962, 2457-R of 1963, 2408-R of 1963 and 1393-R of 1963 were instituted by other parties to challenge similar orders made by the Rehabilitation Commis­sioner in respect of some other villages. Writ Petition 280-R of 1972 and 298-R of 1972 were filed by some allottees of the present Chak, and petitioner Allah Bekhsh was one of the petitioners in the first mentioned writ petition. These petitions were decided on the 12th of October, 1976, and it was held by…
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