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Constitutional Petition No.D-1311 of 1995, decided on 29th October, 1999. Pre-emption-------Right of pre-emption ---.Pre-emptor acquired pre-emptive right before the target date of 31-8-1986 set by Supreme Court in Said Kamal's case reported as PLD 1986 SC 360---Such right was not upset before said target date--­Effect ---Pre-emptor was entitled to pre-empt land subject to payment of price determined by the Deputy Commissioner in the initial order. N.-W.F.P. Government v. Said Kamal Shah PLD 1986 SC 360; Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 xSC 731 and Sardar Ali v. Muhammad Ali PLD 1988 SC 287 ref. JUDGMENT RANA BHAGWAN DAS, 1.--- Through this Constitutional petition, petitioners seek to impugn the vires of the order, dated 19-5-1992 passed by Deputy Commissioner, Naushahro Feroze, order in appeal, dated 28-4-1993 passed by Commissioner, Sulckur Division and revisional order, dated 10-1-1995 passed by the Member Board of Revenue (Judicial), Hyderabad as without lawful authority and of no legal effect with a prayer that order, dated 21-4-1991 passed by Member Board of Revenue be declared as lawful. 2. Facts in brief leading to this petition are that agricultural land measuring 12-33 acres situated in Deh Izzat Wagan, Taluka and District Naushahro Feroze was allotted to respondent No.9 (since dead and survived by his legal heirs). Legal heirs of the deceased entered into an agreement of sale with respondents Haji Hamzo, Muhammad Abbas and Kamaldin in the year 1979. Petitioners being sitting tenants of the disputed land filed a pre­emption application before the Mukhtiarkar and Tribunal, Naushahro Feroze under the provisions of M.L.R. 115, whereas respondents Nos.6 to 9 moved and application before the said Tribunal for grant of permission to sell the disputed land. On his part Mukhtiarkar and Tribunal rejected the prayer for pre-emption made by the petitioners and allowed the application of the respondents for permission to sell the disputed land at their sweet-will vide order, dated 10-7-1979. Petitioners being aggrieved by this order made an application for pre-emption before the Deputy Commissioner, Nawab Shah, who by his order, dated 7-11-1979…

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