| Citation(s) |
|---|
| 1992 SLG 591 1992 SLD 591 1992 CLC 290 |
Lahore High Court
Writ Petitions Nos. 987/R and 1516/R of 1977 and 37/R of 1989, heard on 14th July, 1991
MIAN ALLAH NAWAZ, J
CA. Rahman for Petitioners. Z. Khalil for
Respondent No. 1. M. Hanif Niazi and Sh. Javaid Sarfraz for
Respondents Nos. 2 to 16. Nemo for
Respondents Nos. 17 to 24
Writ Petitions Nos. 987/R and 1516/R of 1977 and 37/R of 1989, heard on 14th July, 1991
MIAN ALLAH NAWAZ, J
CA. Rahman for Petitioners. Z. Khalil for
Respondent No. 1. M. Hanif Niazi and Sh. Javaid Sarfraz for
Respondents Nos. 2 to 16. Nemo for
Respondents Nos. 17 to 24
RAHEEM BAKHSH and others
VS
ADDITIONAL SETTLEMENT COMMISSIONER (LAND), GUJRANWALA and others
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Cancellation of )'allotment on application of respondent ---Vendees from such allottee and respondent informer worked out a compromise whereby it was proposed that cancellation of allotment of original allottee in Revenue-Estate `K' be maintained in order to safeguard right of vendees/petitioners and entitlement of original allottee qua allotment secured by her in Revenue Estates `J', `R' and `A' be scrutinised, and if found to be in excess, same be resumed and confirmed in favour of respondent informer---Order of cancellation of allotment to the extent of Revenue-estate `K' was set aside in accordance with terms of compromise---Case was remitted to Notified Officer who was directed to decide the information of respondent informer in the light of terms of compromise. JUDGMENT Constitution petitions bearing Nos.987/R-77, 1516/R-77 and 37/R-89 arise out of the order of Additional Settlement Commissioner (Land), Gujranwala, dated 17-1-1977. Hence these are being disposed of by a single order. 2. A few undisputed facts essential for the disposal of these petitions are that the petitioners in W.P.Nos. 987/R-77 and 1516/R-77, are vendees from Mst. Fazal-un-Nisa, the original-refugee-allottee. She was a displaced person from Occupied Jammu and Kashmir. QPR No. 3785 was issued in-her favour She obtained allotment in Revenue estate Kaulawala, Tehsil and District Gujranwala to the extent of 1,099 Produce Index Units (PIU). The agricultural land was proposed to her on 7-9-1960 and it was confirmed on 1-3-1961. Thereafter, she secured allotment in Mauza Juwanwali, Mauza Ramkay and Mauza Aulak, Tehsil and District Gujranwala. She died in 1965 and mutations of inheritance in favour of her legal heirs namely, Gulam Oadir, Abdul Khaliq, Mst. Safia Begum and Sh. Rehmatullah, were attested by the Settlement Authorities. One thing more to be noted is that by mutual exchange Mst. Safia Begum and Sh. Rehmatullah, got the land in Mauza Juwanwali, while Abdul Khaliq and Ghulam Qadir, got their land in Mauza Kaulawala. This happened vide mutation of exchange…
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