| Citation(s) |
|---|
| 1987 SLG 428 1987 SLD 428 1987 SCMR 1148 |
Supreme Court of Pakistan
Civil Petition No. 761 of 1986, decision dated: 20-04-1987.(On appeal from the judgment, dated 26-5-1986 of the Lahore High Court, Lahore in L.P.A. No. 92 of 1971)
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Haji Muhammad Anwar Buttar, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No. 761 of 1986, decision dated: 20-04-1987.(On appeal from the judgment, dated 26-5-1986 of the Lahore High Court, Lahore in L.P.A. No. 92 of 1971)
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Haji Muhammad Anwar Buttar, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioner. Nemo for
Respondents
P.S. RAMDASIA
VS
CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE and others
Law:
Section:
Civil Procedure Code (V of 1908)----S. 151 & O.XLI, Rr. 23 & 25--Constitution of Pakistan (1973), Art. 185(3)--High Court remanding case to Additional Settlement Commissioner for re-decision in accordance with law--Order impugned on ground that case should have been remanded to Chief Settlement Commissioner as earlier order had been passed by him and authorities dealing with case on remand might feel embarrassed in differing from him--Matter having been remanded with clear directions that same be disposed of according to law without being influenced by directions of Chief Settlement Commissioner contained in his order, held, would not mean that any cause for anxiety should still persist in mind of petitioner--Chief Settlement Commissioner/ Additional Settlement Commissioner being no more thereafter repeal of relevant law, hands of notified officer, held further, were completely unfettered and he had been ordered to pass orders completely uninfluenced by orders of Chief Settlement Commissioner which had been set aside--While endorsing these directions, Supreme Court disposed of petition for leave to appeal. ORDER NASIM HASAN SHAH, J.--The case was remanded to the Additional Settlement Commissioner for redecision of the matter in accordance with law by a learned Single Judge of the Lahore High Court. The petitioner filed an Inter-Court Appeal contending that the case should have been remanded to the Chief Settlement Commissioner as an earlier order had been passed by him and the authorities dealing with the case on remand might feel embarrassed in differing from it. The learned Judges of the Division Bench dealing with this contention observed:-- "Neither the Chief Settlement Commissioner is there nor the Additional Settlement Commissioner after the repeal of the relevant law by Act XIV of 1975. It is only a notified officer who has to decide a case remanded by the High Court. Therefore, it is…
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