| Citation(s) |
|---|
| 1999 SLG 694 1999 SLD 694 1999 SCMR 168 |
Supreme Court of Pakistan
Civil Petition No.815 of 1998, decision dated: 8-10-1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Civil Petition No.815 of 1998, decision dated: 8-10-1998
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Mst. RAZIA JAFAR
VS
GOVERNMENT OF BALPCHISTAN and others
Law:
Section:
West Pakistan Land Revenue Act (XVH of 1967)--Ss. 40 & 116 --- Constitution of Pakistan (1973), Arts, 185(3) & 199)--Notification --- Legality --- First settlement was prepared long ago --- Board of Revenue issued Notification under S. 116 of West Pakistan Land Revenue Act, 1967 directing that survey and settlement of all unmeasured lands in the District be carried out and record of rights prepared --- By notification issued under S.40 of West Pakistan Land Revenue Act, 1967 subsequently Settlement Officer, was allowed to carry on settlement --- Petitioner who was purchaser of land in the area having been adversely affected by such process, challenged same in Constitutional petition before High Court but same was dismissed--Validity---Rights of petitioner duly recorded by Competent Authorities according to law, having been affected from date of issuance of the notification, leave to appeal was granted to consider question raised in relation to undoing of entire process of survey and settlement with effect from date of issuance of notification in question. Karachi Metropolitan Corporation, Karachi v. Messrs S.N.H. Industries (Pvt.) Limited, Karachi and 2 others 1997 SCMR 1228 ref. M. Ashraf Khan Tanoli, Advocate-on-Record for Petitioner Nemo for Respondents. Date of hearing: 8th October, 1998. ORDER CH. MUHAMMAD ARIF, J. ---Leave is, claimed against judgment dated 30-4-1998 passed by a learned Division Bench of the High Court of Balochistan whereby Constitution Petition No.509 of 1997 brought by the petitioner was dismissed with the result that her claim to various parcels of agricultural land, acquired by her through purchase from previous owners or by adhering to the process of 'Nautor' in respect of unmeasured lands situated in proximity to the lands purchased by her as above, was denied and order dated 13th September, 1997 passed by the Board of Revenue, Balochistan, in Review Application No. 17 of 1997, was upheld. 2. It is pleaded that the petitioner had purchased some parcels of land located in Mouza Saddat Khushkaba, Tappa Shadenzai, Tehsil Quetta which were entered in the names of the previous owners. After the purchase of lands, appropriate…
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