| Citation(s) |
|---|
| 1990 SLG 631 1990 SLD 631 1990 SCMR 461 |
Supreme Court of Pakistan
Civil Appeals Nos. 505 to 510 of 198(1, decision dated: 18-06-1989.
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
A.R. Sheikh, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Appellants (in all Appeals). Ch. Hameed-ud-Din, Senior Advocate Supreme Court and Ejaz Ahmad, Advocate-on-Record for
Respondents No. 2 to 6 (in Civil Appeal N
Civil Appeals Nos. 505 to 510 of 198(1, decision dated: 18-06-1989.
NASIM HASAN SHAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
A.R. Sheikh, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Appellants (in all Appeals). Ch. Hameed-ud-Din, Senior Advocate Supreme Court and Ejaz Ahmad, Advocate-on-Record for
Respondents No. 2 to 6 (in Civil Appeal N
Mst. BAKHSHI and 5 others
VS
THE DEPUTY SETTTLEMENT COMMISSIONER (LANDS), VEHARI and 5 others
Law:
Section:
(a) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1974)-----S.2---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted in a number of appeals of similar nature to examine the validity of the cancellation or re-adjustment of the allotments of land to persons in the category of appellants in purported compliance of the revisional order passed by the Rehabilitation Authority on specified date notwithstanding the decision of the superior Courts with regard to its validity and efficacy. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)- ---S.10---Constitution of Pakistan (1973), Art.185(3)---Cancellation of allotment by general order of Rehabilitation Authority---After annulment of allotment, land in question was allotted to other claimants---Persons aggrieved by cancellation order challenging such order of cancellation in Constitutional petition successfully, but without making subsequent allottees as party to Constitutional petition---Effect---High Court by the subsequent order under appeal had rightly held that those who were not parties to the earlier writ petition could not be bound by the decision given therein---High Court thus had proceeded on correct lines and in accordance with law on the subject and following the decision of the Supreme Court in Pir Bakhsh's case reported as P L D 1987 S C 145---No interference was thus called for. Abdul Harz v. Rehabilitation Commissioner P L D 1966 S C 483 and Abdul Ghafoor and 30 others v. the Rehabilitation Commissioner, West Pakistan, Lahore P L D 1958 Lah. 48 ref. Pir Bakhsh and others v. The Chairman, Allotment Committee and others P L D 1987 S C 145 rel. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted in these and a number of other similar appeals to examine the validity of the cancellation or readjustment of the allotments of land to persons in the category of the appellants in purported compliance of the revisional order passed by Mr. I.U. Khan the then Rehabilitation Commissioner, on 23-11-1956 notwithstanding the decision of the superior Courts with regard to its validity and efficacy. Civil Appeal No. 505 of 1980. 2. Khuda Bakhsh, theβ¦
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