| Citation(s) |
|---|
| 2003 SLG 3328 2003 SLD 3328 2003 PLD 617 |
Lahore High Court
Writ Petition No. 175-R of 1987, heard on 22nd April, 2003
SAYED ZAHID HUSSAIN, J
Muhammad Saleem Shahnazi for Petitioners. M. Z. Khalil for
Respondent No. 1. A.R. Shaukat for
Respondents Nos. 2 to 11.
Respondents Nos. 12 to 16. Ex Parte. Ch. Ata Ullah for
Respondents Nos. 17 to 19. S.M. Masood and Aurangzeb Mirza for
Respondent No. 20
Writ Petition No. 175-R of 1987, heard on 22nd April, 2003
SAYED ZAHID HUSSAIN, J
Muhammad Saleem Shahnazi for Petitioners. M. Z. Khalil for
Respondent No. 1. A.R. Shaukat for
Respondents Nos. 2 to 11.
Respondents Nos. 12 to 16. Ex Parte. Ch. Ata Ullah for
Respondents Nos. 17 to 19. S.M. Masood and Aurangzeb Mirza for
Respondent No. 20
SAID alias KHURSHID and others
VS
DEPUTY COMMISSIONER, SETTLEMENT DEPARTMENT and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Constitutional petition---Maintainability---Locus standi to file Constitutional petition---Contention of the petitioners was that the Deputy Commissioner/Collector, acted wholly without jurisdiction in the matter inasmuch as no such proceedings could be entertained/undertaken by him nor any such order could be passed as he had no such power either under the repealed Evacuee Laws or under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Validity---Petitioners were party in the initial round of litigation (in a Constitutional petition before the High Court); were also party before the Supreme Court and even Collector/Deputy Commissioner---Locus standi of the said petitioners to maintain Constitutional petition qua the impugned order, could not be questioned. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.9, 10 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Collector of the District on a Mukhbari application with allegation therein that the allotment had been secured through forged, fraudulent and bogus means could not pass an order cancelling the allotment made under a law which had its own statutory hierarchy---Said functionary neither found any such place or enjoyed power under the Displaced Persons (Land Settlement) Act, 1958 (repealed) nor under the Evacuee Property and Displaced Persons (Laws) Repeal Act, 1975 and thus acted wholly without jurisdiction in annulling the allotment---Total lack of jurisdiction could not be condoned nor countenanced---Assumption of jurisdiction, unwarranted by law could be corrected by the High Court under Art. 199 of the Constitution---Order passed by the Collector being patently without jurisdiction was not sustainable in law and was so declared---Principles. Section 9 of the Displaced Persons (Land Settlement) Act, 1958 enabled the Central Government to appoint a Chief Settlement Commissioner, Settlement Commissioners, Additional Settlement…
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