| Citation(s) |
|---|
| 1990 SLG 723 1990 SLD 723 1990 SCMR 627 |
Supreme Court of Pakistan
Civil Petition No.160 of 1985, decision dated: 20-05-1989.
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Q.M.Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Sh. Salah-ud-Din, Advocate-on-Record and Asif Saeed Khosa, Advocate Supreme Court for
Respondents.
Civil Petition No.160 of 1985, decision dated: 20-05-1989.
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
Q.M.Salim, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Sh. Salah-ud-Din, Advocate-on-Record and Asif Saeed Khosa, Advocate Supreme Court for
Respondents.
MEHRAB KHAN
VS
Mian FAIZ RASUL and another
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)------Ss.10 & 11---Constitution of Pakistan (1973), Art.185(3)---Petitioner's entitlement to specified P.I. Units, having been ascertained through Mukhbari, P.I. Units in excess of his entitlement were withdrawn---Petitioner's Constitutional petition against withdrawal of surplus units was dismissed--Surplus area occupied by petitioner was withdrawn after the Authority had consulted the record and made sure about the entitlement of petitioner--Petitioner's entitlement was re-examined by the High Court which found that the order of Authority was in accordance with law---Petitioner having thus been given what he was entitled to, his petition for leave to appeal was dismissed. ORDER GHULAM MLTJADDID, J.--On the information led by Mst.safia Begum under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, against Mehrab Khan, cognizance was taken by the Additional Deputy Commissioner (C)/Additional Settlement Commissioner, Multan, who after examining the entitlement and record of the case, found the petitioner Mehrab Khan entitled to 1481 P.I. Units. The surplus 1570 P.I. Units were withdrawn. These were ordered to be allotted to the informer if her units were pending satisfaction otherwise the area was to be resumed in favour of the Central Government. This order was passed on 26-11-1976. Mehrab Khan felt aggrieved by the aforesaid order. He invoked the Constitutional jurisdiction of the Lahore High Court who by means of the impugned judgment dated 16-1-1985 dismissed his Constitutional petition. The petitioner now seeks leave to appeal against the judgment of the Lahore High Court. We have heard the learned counsel for the petitioner who contended that there was no legal justification to reduce the allotment of the petitioner which had been made in accordance with his entitlement. The learned counsel further submitted that the petitioner had no excess land and that the Additional Deputy Commissioner (C)/Additional Settlement Commissioner thus acted contrary to law. We do not find any force in…
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