| Citation(s) |
|---|
| 1986 SLG 812 1986 SLD 812 1986 SCMR 1274 |
Supreme Court of Pakistan
Civil Petition No. 1060 of 1985, decision dated: 18th December,1985. (On appeal from the judgment and order, dated 30-11-1985 passed by the Lahore High Court in Writ Petition No. 1465lR of 1976).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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Civil Petition No. 1060 of 1985, decision dated: 18th December,1985. (On appeal from the judgment and order, dated 30-11-1985 passed by the Lahore High Court in Writ Petition No. 1465lR of 1976).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
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AZIZUR-REHMAN and others
VS
GHULAM RASUL and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11--Cancellation of allotment--Review of--Order cancelling allotment attained finality--Unsuccessfully challenged in writ jurisdiction--Leave to appeal sought--Supreme Court, after examination of contentions raised before High Court and reasons given in repelling them, opined that matter had attained finality and cancellation of allotment could not be reviewed through writ petition--Judgment of High Court being unexceptionable, leave to appeal was refused. Qazi Abdul Hayee, Advocate Supreme Court of Pakistan, Rana Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Petitioners. Syed Abul Aasim Jafri, Advocate-on-Record (absent) for Respondents. Date of hearing: 18th December, 1985. ORDER MUHAMMAD HALEEM, C.J.--Two Writ Petitions Nos. 1465-R of 1976 and 1740-R of 1976 were filed to impugn the order of the Additional Settlement Commissioner (Lands), dated 26th of August, 1976, by which the appeal of Guru Bakhsh Singh was allowed and "the full share of the property of his deceased evacuee father was cancelled from the Khatas of Aftab Ahmad Khan and Abdul Qadir", and allotted to him. This agricultural land was in Village Jaitheke, Tehsil Daska, District Sialkot and measured 80 Acres. Being one of the two sons who had embraced Islam in 1942, he remained in Pakistan while his other brother Sajan Singh and his father migrated to India. The dispute is it regard to one half-share of the land left by Virsa Singh. On his representation, the Rehabilitation Commissioner (Lands) ordered on 7th of February, 1953 that he should be allotted land to the extent of his one half-share and that the land so allotted should be excluded from allotment under the Rehabilitation and Settlement Scheme in accordance with the order conveyed by him in…
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