Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Mukhbari applications alleging fraud and forgery---Two Mukhbari applications for the same land in two earlier rounds of litigation had been dismissed and third such application was filed in the year 1983, after the repeal of Evacuee Laws---Additional Settlement Commissioner (Lands) proceeded to take the view on the third Mukhbari application to the effect that he differed with the decision of the Settlement Commissioner on a previous application in 1977 as the same was made ex-parte---Validity---Such an approach to the matter was wholly unwarranted and contrary to the Scheme of statutory hierarchy envisaged by law inasmuch as an officer in the lower hierarchy could not countermand the order of the Settlement Commissioner---Finality attached and attained to a judicial order could not be eroded or stultified on the bare unsubstantiated allegation of fraud and forgery (by the Mukhbari application) particularly when earlier two rounds of litigation had ended in favour of the petitioners---Present being the third round of Mukhbari applications which commenced in the year 1983, after the repeal of Evacuee Laws, and if such repeated challenges which were not contemplated by law, permitted, would result in an endless litigation-- Additional Settlement Commissioner in his endeavour to correct the Revenue Record had acted wholly without jurisdiction in nullifying the order of Settlement Commissioner with which he had differed Such action of the Additional Settlement Commissioner was not sustainable in law and was declared as such. Officer on Special Duty Central Record Office and others v. Bashir Ahmad and 9 others 1977 SCMR 208 and Harmat and others v. Muhammad Khan and others 1994 SCMR 565 ref. THIS JUDGMENT DELIVERED BY: SAYED ZAHID HUSSAIN, JUSTICE---.--- Order dated 23 7 1984 passed by respondent No. 1 whereby he ordered the review of Mutation No.2439 dated 29 3 1978 has been assailed through this petition under Article 9 of the then Provisional Constitution Order, 1981, for back of jurisdiction qua the subject matter. 2. It is…

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