| Citation(s) |
|---|
| 1992 SLG 936 1992 SLD 936 1992 CLC 1575 |
Lahore High Court
Writ Petition No. 3870 of 1990, decided on 27th January, 1991
TANVIR AHMAD KHAN, J
Syed Jamshed Ali for Petitioners. Rana Muhammad Arshad Khan Addl.A.G. for
Respondent No. 1. Asad Ullah Siddiqui for
Respondent No. 2
Writ Petition No. 3870 of 1990, decided on 27th January, 1991
TANVIR AHMAD KHAN, J
Syed Jamshed Ali for Petitioners. Rana Muhammad Arshad Khan Addl.A.G. for
Respondent No. 1. Asad Ullah Siddiqui for
Respondent No. 2
NOOK MUHAMMAD ANWAR and others
VS
DEPUTY COMMISSIONER anothers
Law:
Section:
Punjab Local Government Ordinance (VI of 1979)--- ----Ss. 156 & 157---Constitution of Pakistan (1973), Art.199---Disputed question of fact---Scope of exercise of Constitutional jurisdiction--Construction of shops and children park on land in question, by respondent Authority---Petitioners, claiming land in question, to be owned by them and objecting to such construction---Petitioners apparently through a collusive suit had divided land in question, in equal shares---Petitioners in their suit, claimed land in question on basis of Shamilat, but in Constitutional petition they described said property as evacuee property, thus, taking a somersault and an inconsistent stance---Petitioners' possession had been categorically denied by respondent Authority---Matter relating to possession being a disputed question of fact, Court declined interference in Constitutional jurisdiction. ORDER Petitioners through this Constitutional petition have assailed Notification, dated 4th of February, 1989 whereby respondent No.l Deputy Commissioner, Gujranwala, in exercise of his powers under the Punjab Local Government Ordinance, 1979, read with West Pakistan Union Council Shamlat Rules, 1983 allowed the construction of shops and children part on Khasra No.1794 to the Town Committee, Alipur Chattha. 2. The facts briefly, according to the writ petition, are that the petitioner No.l moved an application under Scheme-VIII and Scheme-IX for the transfer of evacuee plot measuring 10 Kanals comprising Khasra No.1794 in his possession. On the other side Riaz Hussain (deceased) predecessor-in-interest of petitioners Nos.2 to .7 filed a civil suit at Wazirabad against…
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