| Citation(s) |
|---|
| 2003 SLG 2449 2003 SLD 2449 2003 CLC 149 |
Lahore High Court
Writ Petition No. 160/R of 2000, heard on 14-06-2002.
SAYED ZAHID HUSSAIN, J
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Writ Petition No. 160/R of 2000, heard on 14-06-2002.
SAYED ZAHID HUSSAIN, J
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ATTA MUHAMMAD and 8 OTHERS
VS
MEMBER, BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, LAHORE and 5 others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 190 & 199---Constitutional petition---Judgment in personam--Effect---Authorities, on the basis of and precedent rendered by Supreme Court in other cases declined to give effect to the passed by Supreme Court inter se parties---Validity---Inter parties direction in a in personam was binding upon the parties which the Authorities were bound to obey and carry out---Legal efficacy of passed in personam could neither be stultified nor ignored by the parties---Such s and directions inter se the parties could not be ignored by invoking s and precedents rendered in other cases---Authorities were bound to comply with and give effect to the directions of Supreme Court faithfully which they were bound under Art. 190 of the Constitution---High Court directed the Authorities to implement the directions of Supreme Court and settle the claim of the petitioner-Petition was disposed of accordingly. Muhammad Ramzan and others v. Member (Revenue)/CSS and others 1997 SCMR 1635; Ali Muhammad through Legal Heirs and others v. Chief Settlement Commissioner and others 2001 SCMR 1822 and Pir Bukhsh represented by his Legal Heirs and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 ref. Mian Muhammad Aslam Arain for Petitioners. Ch. Mushtaq Masood for the Settlement Department. Date of hearing: 14th June, 2002. JUDGMENT This case has a long drawn history and background of litigation which, however, need not be reiterated in view of the judgment of the Honourable Supreme Court of Pakistan dated 25-6-1995 passed in C.P.L.A. Nos.769 and 770/L of 1994 which elaborately contains the material aspects of the dispute. While dismissing the petition for leave, it was observed by their Lordships that "we reiterate the observation/direction contained in the impugned judgment to settle the pending claim/units of the petitioners on some other available land". In pursuance of the said direction; partial settlement of the claim of the petitioners was made, where after again they had to approach this Court by filing writ petitions. In Writ Petition No.4/R of 1999 it was directed that the Notified Officer will examine the availability…
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