Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Settlement Scheme No.   Paras. 6 7 Constitution of Pakistan (1973), Art. 185(3) Petitioner’s entitlement to transfer of shops in question Provisional Transfer Order issued in favour of respondent whether or not a forged document Leave to appeal was granted to consider whether order of remand passed by High Court had been properly complied with by Additional Settlement Commissioner; whether shops in occupation of petitioners was ‘available property’ and petitioners were entitled to transfer of those shops under the Scheme; whether property marked in site plan had actually been transferred to respondent and whether he was entitled to its transfer; and whether Provisional Transfer Order produced by respondent before Additional Settlement Commissioner during argument of the case was not forged document, it having never seen light of the, day before it was produced.  (b) Settlement Scheme No. ¬  Paras. 6 7 Entithement to transfer of shops in question No satisfactory material was available to determine whether shops in question were validly transferred to respondent Judgment of High Court affirming findings of Settlement Authorities was set aside by Supreme Court and case was remanded to Notified Officer to determine whether shops in question were transferred to respondent at any time under valid order of Settlement Authorities If it was found that said shops were validly transferred to respondent then transfer documents issued to him would hold good In case, shops in question, were not transferred to respondent under valid order of transfer, then same would ~be ‘available’ for disposal in accordance with law.  Muhammad Munir Peracha, Advocate Supreme Court and Ch. Akhtar Ali, Advocate on Record for Appellants. Ejaz Muhammad Khan, Advocate on Record for Respondents, Date of hearing: 2nd November, 1994. JUDGMENT SAIDUZZAMAN SIDDIQUI, J:The above appeal by the leave of this Court is filed against the judgment of a learned Judge in Chambers of Peshawar High Court (Circuit Bench Abbottabad) dated 23 12 1992, whereby Writ Petition No. 97 of 1991 filed by the appellants challenging the order of Additional Settlement Commissioner, Hazara, dated…

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