| Citation(s) |
|---|
| 1986 SLG 610 1986 SLD 610 1986 SCMR 766 |
Supreme Court of Pakistan
Civil Petition No. 930 of 1980, decision dated: 25-01-1981. (On appeal from the judgment, dated 25-5-1980 of the Lahore High Court in Writ Petition No. 405-R/80).
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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Civil Petition No. 930 of 1980, decision dated: 25-01-1981. (On appeal from the judgment, dated 25-5-1980 of the Lahore High Court in Writ Petition No. 405-R/80).
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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WALI MUHAMMAD and others
VS
GOVERNMENT OF THE PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Settlement Scheme No. IX--Land Settlement--- Allotment of land to respondent in 1958--Petitioners agitating against its validity in 1977--Petitioners application for its cancellation/transfer in their favour dismissed by Deputy Administrator (Residual Properties) and upheld in revision on grounds that property was not available and also for lack of jurisdiction--Administrator (R.P.) observing that allotment of factory against agricultural units being irregular action ought to be taken by Government against same--Supreme Court rejected petition observing that petitioners remedy was to approach Board of Revenue--Allotment was quite irregular--High Courts order declining to interfere in writ jurisdiction, upheld--Leave to appeal refused. Muhammad Rafiq Khan Chohan, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Rana Maqbul Ahmad, Advocate-on-Record for Respondent No.5. Date of hearing: 25th January. 1981. ORDER NASIM HASAN SHAH, J.--This petition is directed against the judgment dated 25-5-1980 of the Lahore High Court whereby the writ petition (W.P. No. 405-R/80) preferred by the petitioners was dismissed in limine. The relevant facts are that the land bearing Khasra No.10/26 measuring 41 Kanals 1 Marla was allotted on 5-3-1958 to Nawab Iftikhar Hussain of Mamdot, father of respondent No.5. The petitioners challenged the said order by filing a writ petition (W.P. No. 499/R/73) which they withdrew on 18-11-1974 with the statement that in case they failed to obtain relief from the Departmental authorities they should be permitted to agitate the matter again before the High Court. However, although the writ petition was withdrawn on 18-11-1974, the petitioners filed an application under Settlement Scheme No. IX before the Deputy Administrator (Residual Properties) in the year 1977 for transfer of the portion to them of the property which they were asserting was an industrial concern on the ground that the said area could not have been allotted to the father of respondent No.5 against his agricultural claim. Theβ¦
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