Law: Constitution of Pakistan, 1973

Section: 199

Land Reforms Act (II of 1977)--- ----S. 9-Constitution of Pakistan (1973), Art. 199---Constitutional petition---Resumption of excess land---Proceedings---Judgment passed by Supreme Court in case titled Qazalbash, Waqf and others v. Chief Settlement Commissioner, Punjab Lahore and others, reported as PLD 1990 SC 99---Applicability---Raising of new plea---Scope---Proceedings under Land Reforms Act, 1977, regarding land owned by petitioners, had commenced and concluded long before the passed by Supreme Court in Qazalbash's Waqf case, as effective order had been passed by the authorities on 27-6-1987---Mere late entry of mutation would not denude legal efficacy of the order dated 27-6-1987---No benefit could be derived by petitioners from the of Supreme Court passed in Qazalbash's Waqf case---Petitioners attempted to raise some new points which according to them were of relevance but no new case could be set up at such a stage in constitutional jurisdiction--Petition was dismissed in circumstances. Qazalbash Waqf and others v. Chief Land Commissioner, Punjab Lahore and others PLD 1990 SC 99; Salah-ud-Din Qureshi v. Federal Land Commission and others 1992 CLC 2362; Munir Ahmed and 2 others v. Chairman Federal Land Commission, Pakistan and another 1994 CLC 20, Muhammad Yusuf Ali Shah v. Federal Land Commission, Government of Pakistan, Rawalpindi and 2 others 1995 CLC 369; Malik Mumtaz Ali Khan v. Additional Deputy Commissioner (Consolidation) Attock, and another 1997 CLC 1634; Shah Jehan Khan Abbasi v. Deputy Land Commissioner, Bahawalpur and another 2006 SCMR 771 and Chief Land Commissioner, Punjab and others v. Chief Administrator of Auqaf, Punjab and others PLD 1988 SC 132 ref. JUDGMENT SYED ZAHID HUSSAIN, J. The petitioners who are sons of Wadera Allah Diwaya Khan have through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 sought a declaration that they are owners of land measuring 1947 Kanals 10 Marlas of Village Lal Sohara, Tehsil Khairpur Tamiwali, District Bahawalpur and it should not be allotted or disposed of in any manner as a surrendered land under the Land Reforms Act, 1977. Their case primarily is that in view…

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