Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)--S.10--Constitution of Pakistan (1973), Art. 185(3)--Allotment of land-­Petitioner was allotted disputed land on an incorrect report of Patwari that same was still available for transfer--Petitioner's allotment was cancelled as soon as the true position came to the knowledge of authorities--Allotment of said land to previous allottee was also cancelled being bogus--Contesting respondent was permitted to purchase the land and he deposited the purchase money--Chief Settlement Commissioner on petitioner's application, withdrew the order of sale earlier made in favour of contesting respondent--High Court in Constitutional jurisdiction set aside the order of Chief Settlement Commissioner with direction that the matter be decided afresh--Petitioner's claim to the land in dispute was, however, rejected--Petitioner failed to challenge the order of High Court through a petition in Supreme Court--Petitioner's claim to the disputed land was thus finally stood rejected--In pursuance to remand order of High Court Settlement Authority found that neither petitioner nor contesting respondent were entitled to obtain the land in dispute and that same be disposed of through public auction--Petitioner's Constitutional petition against Authority's order was rejected while that of respondent was allowed--Petitioner's Intra-Court appeal was also rejected--Petitioner's claim to the disputed land stood rejected in the first Constitutional petition and he failed to challenge the same before Supreme Court--Petitioner had thus no claim to agitate before Supreme Court in respect of disputed land--Leave refused. Syed Iqbal Haider Zaidi, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Petitioner (absent). A.R. Shaukat, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Respondent. Date of hearing: 22nd November, 1988. ORDER SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the judgment, dated 30-1-83 of the Lahore High Court whereby the intra-Court appeals of the petitioner were dismissed. 2. The dispute between the parties relates to agricultural…

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