Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Reforms Regulation, 1972 [M.L.R. 115]--Paras. 7 & 29--Constitution of Pakistan (1973), Art. 185(3)--Declaration of alienation of land, during crucial period--Land in excess of declarants' entitlement was resumed and allotted to tenants by Land Commission--Declarants' Constitutional petition succeeded with the result that impugned orders of Land Commission were set aside--Only one of the tenants to whom resumed land had been allotted, riled appeal while other respondents accepting claim of appellant stated that they had no objection if land allotted to appellant was allowed to be kept by him--Appeal to the extent of area allotted to appellant was allowed in circumstances. Muhammad Younis Shah, Senior Advocate Supreme Court and Karam Elahi Bhatti, Advocate-on-Record for Appellant. S.M. Zafar, Senior Advocate Supreme Court and lmtiaz Muhammad Khan, Advocate-on-Record for Respondents Nos.1-6: Notice to Respondents Nos.7, 30, 32 and 33. Mian M.Ajmal, Additional Advocate-General N.-W.F.P. and Mian Shakirullah Jan, Advocate-on-Record (absent) for Respondent No.31. Date of hearing: 26th November, 1988. JUDGMENT NASIM HASAN SHAH, J.--This is an appeal by leave of this Court from the judgment of the Peshawar High Court Peshawar dated 8=9-1981 by which a Constitutional petition filed by respondents 1 to 30, successors-in-interest of Mian Iftikharuddin deceased, was allowed with the result that the impugned orders of the Land Commission Authorities were set aside. Late Mian Iftikharuddin owned considerable landed property in Tehsil and District Peshawar. He filed a declaration under M.L.R. 115 of 1972 showing that he had alienated 61 acres 7 kanals and 2 marlas during the crucial period. The Deputy Land Commissioner, Peshawar, taking into consideration the declaration filed by him that he was the owner in possession of the land equivalent to 16511 P.I. Units passed an order dated 16-6-1972 that since the declarants was entitled to retain land to the extent of 12,000 P.I. Units, the excess of land equivalent to 4,511 Units shall stand resumed to the Government. This order was upheld by the Land Commissioner on appeal. Mian Iftikharuddin died by this time and his…

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