| Citation(s) |
|---|
| 1998 SLG 1419 1998 SLD 1419 1998 CLC 1323 |
Lahore High Court
Writ Petition No.38-R of 1976/BWP, heard on 28-04-1997
SHEIKH ABDUR RAZZAQ, J
A.R Tayyab for Petitioners. M. Ashraf Akhtar for
Respondent No. 1.
Respondents Nos.2 to 28. Ex pane
Writ Petition No.38-R of 1976/BWP, heard on 28-04-1997
SHEIKH ABDUR RAZZAQ, J
A.R Tayyab for Petitioners. M. Ashraf Akhtar for
Respondent No. 1.
Respondents Nos.2 to 28. Ex pane
MUHAMMAD BILAL and 3 others
VS
ADDITIONAL SETTLEMENT COMMISSIONER LAND/ ADDITIONAL DEPUTY COMMISSIONER (GENERAL), DISTRICT BAHAWALNAGAR and 27 others
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss.10 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioners purchased land for consideration from successor-in-interest of original allottee who had died before sale in question was effected---Portion of land which had been allotted to original allottee was found to be in excess of her entitlement, therefore, same was cancelled from her name---Petitioners who had purchased land from successors-in-interest of allottee claimed in Constitutional petition that they being purchasers for value, part of allotment cancelled from the name of original allottee was not warranted without issuing them notice and hearing them---Petitioners admittedly were purchasers for value in whose favour mutations had been sanctioned---Perusal of relevant mutations showed that petitioners had purchased land from different Khatas whereas land cancelled was from other Khatas---Rights of petitioners had, thus, not been affected by impugned order---Petitioner, therefore, having no cause of action, their Constitutional petition was not maintainable in circumstances. JUDGMENT Instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed for declaring order dated 6-5-1975 passed by Additional Deputy Commissioner (General) as illegal, void and ineffective upon the rights of the petitioners. 2. Briefly stated the facts are that Mst. Bibi Rani, widow of Abdur Rehman, propositus of respondents Nos. 19 to 25 being evacuee owner filed Claims Nos.6715 and 6716 in respect of land left by her in villages Khakan Wali and Roranwali, Tehsil Fazalka District Ferozpur (India). After her claims were verified by the Central Record -Room, she was proposed land in various Khatas in RL-11 Nos.69,119, 144, 154 and 175, which was finally allotted to her vide orders dated 12-11-1958, 5-7-1959, 28-1-1960 and 27-12-1963. After her death, land devloved upon her son Abdul Haq and through other transactions on Saddo. Later on, Abdul Haq transferred the land in favour of his sons and wife, described as respondents Nos. 19 to 25, while the property of Saddo was transferred to…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492