| Citation(s) |
|---|
| 1993 SLG 928 1993 SLD 928 1993 CLC 665 |
Lahore High Court
KHALIL-UR-REHMAN KHAN, J
Ch. Rizwan Amjad, Ch. Bashir Ahmad Khan and Malik Muhammad Hasan for Petitioners. Ch. M. Altaf for
Respondent NO-1. Ch. Muhammad Abdullah for
Respondents Nos. 2 to 10. Ch. Abdul Aziz oureshi for
Respondents Nos. 11 to 14.
KHALIL-UR-REHMAN KHAN, J
Ch. Rizwan Amjad, Ch. Bashir Ahmad Khan and Malik Muhammad Hasan for Petitioners. Ch. M. Altaf for
Respondent NO-1. Ch. Muhammad Abdullah for
Respondents Nos. 2 to 10. Ch. Abdul Aziz oureshi for
Respondents Nos. 11 to 14.
ABDUL MAJID and othersvsADDITIONAL SETTLEMENT COMMISSIONER and others
Law:
Section:
(a) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction, exercise of---Findings of fact recorded by competent officer supported by record and based on inferences reasonably drawn from the material available on record, held, could not be substituted in extraordinary Constitutional jurisdiction of High Court. (b) Displaced persons (Land Sees) Act (XLVII of 1958),. ----Ss. 10 & 11---Cancellation of allotment on basis of Mukhbari application which was found to be bogus---Joint Mukhbari application could not be considered a Mukhbari application in the eyes of law---Such application having been filed subsequent to similar application which was still pending, was found to be bogus---Petitioners on basis of such Mukhbari application could not claim status of informers---No jurisdiction on basis of such application vested in the Notified Officer to cancel the allotment against the verified claim of allottee---Order of cancellation of land was thus, not warranted by law. 1986 MLD 552 and 1986 MLD 2435 ref. JUDGMENT By this judgment I propose to dispose of W.P.No. 31-R/1986, W.P.No. 111-R/1986, W.P.No.213-R/1986, W.P.No. 214-R/1986 and W.P.No. 215R/1986, as the questions of fact and law involved in all these petitions are one and the same and also as the main order under challenge is the order dated 29-12-1985 passed by the Additional Commissioner/Chief Settlement Commissioner. It may be added that though `mukhbari' application, subjectmatter of W.P.No. 215-R/1986 was disposed of by the Additional Commissioner (Rev.)/S.C.(L)/Chief Settlement Commissioner, Gujranwala Division, Gujranwala, vide order dated 29-12-1985, impugned in the petition, but this order is also based on the order dated 29-12-1985 impugned in other writ petitions. This petition, therefore, is also being disposed of alongwith other petitions. 2. There are four sets of parties in these petitions Abdul Majid, etc., the petitioners in W.P.No. 31-R/1986 are statedly the legal heirs of Mst. Chand Bibi daughter of Alaf Khan, allottee. Muhammad Siddique and others, the petitioners are one set of informers who statedly submitted application under section 10/11 of the Act laying…
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