Case Details

Citation(s)
1991 SLG 926 1991 SLD 926 1991 SCMR 388
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.69 of 1987, decision dated: 28-01-1990 (On appeal from the judgment and order, dated 3-11-1986 of the Lahore High Court in Writ Petition No.356/R of 1986)
ABDUL SHAKURUL SALAM AND RUSTAM S. SIDHWA, JJ

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ZAHEER AHMAD KHAN

ADDITIONAL DEPUTY COMMISSIONER (G) D.S.C and others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Petitioner's allotment of land was not considered as genuine by Settlement Authorities as also by High Court in Constitutional jurisdiction---Settlement Authority had discussed threadbare the reasons which weighed with it in arriving at the finding that petitioner's allotment was not genuine---Reasons given by said Authority in arriving at the finding did not appear to be perverse or erroneous---High Court was thus correct in holding that question whether petitioner's allotment was genuine or not, was a question of fact which had been decided by the Settlement Authority on a proper evaluation of material before it and that therefore, no interference was called for---Nothing was pointed out to interfere with the finding of High Court---Leave to appeal was refused in circumstances. ORDER RUSTAM S. SIDHWA, J: - This is a petition filed by Zaheer Ahmad Khan petitioner, seeking leave to appeal against the judgment of a learned single Judge of the Lahore High Court dated 3-11-1986 dismissing the writ petition W.P.No.356-R/1986 filed by him. 2. The petitioner challenged the order of the Addl. Deputy Commissioner, Gujranwala, dated 22-9-1986 holding the petitioner's allotment as not genuine in writ petition filed by him before the Lahore High Court. A learned single Judge dismissed the said petition in limine on the ground that the question whether the petitioner's allotment was genuine or not was a question of fact, which had been decided by the Tribunal on the evaluation of the material on the record, including the statement of one Mr. Khalid Mahmood, and that therefore, the High Court did not consider it to be a 6t case for interference. 3. On behalf of the petitioner it is submitted that the detailed statement of Mr.…
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