Law:

Section:

(i) Application of Mind— — Land surrendered under MLR 64-Allotment to respondents 1 and 2-- Challenge to—Whether an order passed without application of mind can be sustained-Question of-Dcputy Land Commissioner while passing order on complaint of petitioners, did not apply his independent mind to facts and circumstances of case-Government functionaries arc bound to decide matters by independent application of mind free from extraneous influences/dictation from outside agencies howsoever high they may be—Held: Order of Deputy Land Commissioner being void, subsequent orders of Land Commissioner and Addl. Chief Land Commissioner, are a mere superstructure on void order and cannot be legally maintained.                                                              [Pp.473474]A,B,CD PLD 1970 Dacca 178, PLD 1977 Lah, 307, PLD 1976 Karachi 1219, PU 1975 SC 185. PU 1976 SC 178, PLD 1980 Lah. 571, PLJ 1982 SC 651, PLD 1985 SC 104, PLD 1969 Lahore 1039, PLD 1974 Lahore 434 and PLJ 1973 SC 42 rel. (ii) Limitation-- -—Land surrendered under MLR 64—Allotment to respondents 1 and 2-- Challenge to-Whether revision of respondents 1 and 2 before Federal Land Commissioner was barred by time-Question of--Impugned orders passed by Deputy Land Commssioner and Additional Chief Land Commssioner (which were challenged in revision before Federal Land Commission) were corum- non-judice--Hed: No limitation commences against such orders—Petition dismissed.   [Pp.475476]EF PLD 1976 SC 208, PLD 1958 SC 104, PLD 1969 Lahore 1039 and PLD 1974 Lahore 434 rel. JUDGMENT The validity/propriety of the order of Senior Member of Federal Land Commission dated 24.5.1983, is called in question in this Constitution petition. 2. The few facts relevant for the disposal of this petition are; that the Agricultural land bearing Killa Nos. 23, 24 and 25 in Rectangle No. 129/1 and Killas No. 7,8,9 and 13 in Rectangle No. 129/2, situated in Revenue Estate Shamasabad Tehsil Liaquatpur District Rahim Yar Khan was surrendered by the owners under Martial Law…

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