Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Reforms Regulation, 1972 (M.L.R. 115)--Para. 29 [as amended by Land Reforms (Amendment) Act (LXII of 1973)]-­Constitution of Pakistan (1973), Art. 185(3)--Revisional powers of Federal Land Commission--Enlargement of powers under para. 29 (as amended)--Scope and extent--Para. 29 of Land Reforms Regulation as amended has only enlarged scope of revision in those cases where order to be revised had been passed by a Commission as an authority which had been appointed only either under M.L.R. 115 or repealed M.L.R. 64--Where, however, respondents had been accepted as owners by Government and their title to disputed land had thus been acknowledged by the Government itself apart from Civil Courts in their litigation against appellants, Federal Land Commission could not invoke suo motu revisional power under para. 29 of M.L.R. 115 so far as case of respondents was concerned--Judgment under appeal being unexceptional was upheld. Muhammad Khizar Hayat Khan v. Chief Land Commissioner P 1. D 1968 Lah. 1145 rel. Moulvi Sirajul Haq, Senior Advocate Supreme Court, instructed by Mr. Karam Elahee Bhatti, Advocate-on-Record for Appellants (in CA. 115/76). Qazi Abdur Rashid, Senior Advocate Supreme Court, instructed by Mr Karam Elahee Bhatti, Advocate-on-Record (in.CA. 116/76). Mr. S.M. Zafar, Senior Advocate Supreme Court and M.H. Lughmani, Advocate Supreme Court, instructed by Ghulam Dastgir, Advocate-on-Record for Respondents Nos. 1 to 10 (in both appeals). Ch. Akhtar Ali, Advocate-on-Record for Respondents Nos. 11 to 18 (in CA. 115/76). Respondents Nos. 19 to 21: Ex parte (in CA. 115/76). Nemo for Respondents Nos. 11 to 15 (in CA. 116/76). Date of hearing: 16th October, 1988. JUDGMENT JAVID IQBAL J.--We have before us two appeals namely Civil appeal No. 115 of 1976 and Civil Appeal No. 116 of 1976 which are directed against the judgment passed by a Division Bench of the Peshawar High Court Peshawar in Writ Petition No. 98 of 1975. Therefore, these are being taken up and disposed of together. Writ Petition No. 98 of 1975 was filed by' respondents Nos. 1 to 10 in both these appeals in order to challenge the legality of a notice issued by the Federal Land Commission…

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