Law:

Section:

Constitution of Pakistan (1962), Art. 58(3)-Appeal to Supreme Court Parties agreeing at leave stage for remand of case to Settlement Authority for fresh inquiry and adjudication-Petition for Special Leave to Appeal converted into appeal, in circumstances, and case remanded for disposal in light of facts brought to notice of Court. Ghias Muhammad, Senior Advocate Supreme Court (Ahmad Fazal Sheikh, Advocate Supreme Court with him) instructed by Rana Maqbool Ahmad Qadri, Advocate- on-Record for Appellant. Nemo for Respondent No. 1. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by Wajld Hussain Advocate- on-Record for Respondent No. 2. Date of hearing : 9th February 1970. JUDGMENT MUHAMMAD YAQUB ALI, J.-The parties agreed at the leave stage that the case be remanded to the Chief Settlement Commis­sioner (Lands), Gujranwala, for a fresh inquiry and adjudication of their respective claims for allotment of the land in dispute in accordance with the Rehabilitation Settlement Scheme. The petition is, accordingly, converted into an appeal and the case is remanded to the Chief Settlement Commissioner for disposal in the light of the following facts brought to the notice of the Court by the parties counsel. Rehmat Ali, appellant, had originally obtained allotment of agricultural land in village Rakh Bawali, Tehsil Shahdara, District Sheikhupura. Latter on, he got the allotment cancelled by the Chief Settlement Commissioner with the direction that 1986 produce index units verified against his claim No. 12670 be transferred to Gujranwala as an informer. Reference was made to the letter of Mr. S. A. Latif, Under Secretary, Board of Revenue, (No. 2052/56/3173-R(G) dated 18-5-1956) addressed to the Deputy Commissioner, Sheikhupura. Copy of an entry in the Dispatch Register of the Patwari was also produced showing that the produce index units of the appellant were forwarded to village Dhulley, district Gujranwala. On 2-11-1956 the land in dispute was along with some other area allotted to the appellant as an informer under the orders of the Assistant Rehabilitation Commissioner. Subsequently he had the bulk of the land cancelled from his name and transferred 1229…

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