Law: Constitution of Pakistan, 1973

Section: 185

Constitution of Pakistan (1973)----Art.185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10--Allotment of land--Both parties sitting allottees on equal footing-­Entire land allotted to respondent--Appellate Court distributing land between them proportionately--Revisional order upsetting distribution maintained--Leave granted to examine whether revising authority was justified in upsetting appellate order merely on ground that no objection was raised when allotment was being made in favour of respondents although it was alleged by petitioner that proceedings before Deputy Settlement Commissioner had been without notice to him, and whether High Court was justified in not interfering with said order. ORDER M.S.H.QURAISHI, J.--The contest is in regard to allotment of land measuring 256 Kanals 3 Marlas in village Khola, Tehsil and District Mianwali. Both parties were- sitting allottees in the estate having pending claims unsatisfied. The Deputy Settlement Commissioner (Land), however, on 31-8-1972, allotted the entire land in favour of the respondents for the reason that no objection (U2ardari) had been filed. The appellate authority, in the petitioner's appeal, considered it appropriate to allow the units of both parties satisfied in the village and accordingly ordered, on…

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