| Citation(s) |
|---|
| 1987 SLG 231 1987 SLD 231 1987 SCMR 140 |
Supreme Court of Pakistan
Civil Appeal No.180 of 1978, decision dated:8-11-1986.(Against the judgment and order, dated 4-4-1978 ofthe Lahore High Court, Lahore, in Writ Petition No. 98-R of1973)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, JAVED IQBAL AND SAAD SAOOD, JAN, JJ
Civil Appeal No.180 of 1978, decision dated:8-11-1986.(Against the judgment and order, dated 4-4-1978 ofthe Lahore High Court, Lahore, in Writ Petition No. 98-R of1973)
SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA, JAVED IQBAL AND SAAD SAOOD, JAN, JJ
ATA MUHAMMAD
VS
SETTLEMENT AND REHABILITATION COMMISSIONER and others
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 185(3)--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched., para. 11--Settlement Scheme No.VIII-Leave to appeal granted to examine (i) whether in view of ban imposed by telegraphic order, auction, held, in contravention of such telegram could be sanctified in constitutional jurisdiction; (ii) whether Settlement Authorities had not given plausible reasons for condoning delay in filing appeal before Additional Settlement Commissioner and as such that question could not be re-opened and a decision to contrary recorded in constitutional jurisdiction and (iii) whether decision of case binding effect of which was assumed by High Court was not distinguishable on material points. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ---S. 10 & Sched. , para. 11--Settlement Scheme No. VIII--Transfer of property through public auction--Additional Settlement Commissioner, during pendency of application of appellant for transfer of shop under Settlement Scheme No. VIII, confirming auction of shop in favour of respondent "subject to availability of property"--Order of confirmation taken to be without any condition, P.T.O. and P.T.D. issued in favour of respondent--Application of appellant coming up before Deputy Settlement Commissioner for consideration but rejected on ground that P. T. D. having since been issued, property in dispute was not available under Settlement Scheme No. VIII--Appeal before Additional Settlement Commissioner also failing on same ground--Settlement Commissioner in revision observing that pending application of appellant. proceedings of auction culminating in confirmation would be of no legal consequence-Issuance of P.T.D. by Settlement Authorities and refusal of Deputy Settlement Commissioner to decide question for sole reason that P . T . D . had been issued to respondent, held, would be in clear violation of very order of Additional Settlement Commissioner--Judgment of High Court holding auction in favour of respondent as lawful, keeping P.T.D. intact and rejecting claim of appellant set aside. Abdul Ghafoor v. Muhammad Bux 1982 S C M R 364;…
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