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1987 SCMR 56 SUPREME COURT OF PAKISTAN Present: Aslam Riaz Hussain and Nasim Hasan Shah, JJ Sheikh MUHAMMAD AMIN--Petitioner Vs CHIEF SETTLEMENT COMMISSIONER PAKISTAN LAHORE and another--Respondents Civil Appeal No. 700 of 1981, decided on 20th October, 1986. Date of hearing: 20th October, 1986. (On appeal from the , dated 30-9-1980 of the Lahore High Court in Latter Patent Appeal 411 of 1966). S.M. Zafar, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate-on--Record for Petitioners. Bashir Zafar, Advocate Supreme Court with Ch. M. Advocate-on-Record for Respondent No. 2. Constitution of Pakistan (1973)-- ---Art. 199--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10--Constitutional jurisdiction of High Court, a discretionary jurisdiction--High Court not to exercise in aid of injustice or to perpetuate illegality--Petitioner seeking transfer of evacuee property in excess of his entitlement--Settlement authorities rejecting his claim without having lawful authority and jurisdiction--Petitioner denied discretionary relief in writ jurisdiction on ground that it would amount to perpetuating an illegality--View upheld by Letters Patent Bench and Supreme Court, holding that High Court in exercise of its discretionary writ jurisdiction was not bound to interfere in all circumstances and may refuse to do so even if order of Settlement Authority was not strictly legal because High Court should not exercise its writ jurisdiction in aid of injustice. Allah Ditta v. Haji Jan Muhammad and others P L D 1974 113 ref. Wali Muhammad v. Sakhi Muhammad P L D 1974 S C 106 Begum Shams-un-Nisa v. Said Akbar Abbasi and another P L D SC 413 rel. ORDER NASIM HASAN SHAH, J.--The petitioner, a non-claimant displaced person from Jammu and Kashmir, was transferred 18 Kanals of land consisting of a bungalow occupied by a local Ch. Jalal Din, Advocate, and an open space used by the petitioner for a Dairy Farm. On the information laid to the Directorate of Enforcement by respondent No.2 to the effect that the transfer of the bungalow to the petitioner (which was built over 11 Kanals of land) was irregular, the Director of Enforcement agreeing therewith…

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