Case Details

Citation(s)
2008 SLG 1918 2008 SLD 1918 2008 SCMR 1711
Supreme Court of Pakistan
Civil Petition No.988-L of 2007, decision dated: 24-07-2008.(Against the order of the Lahore High Court, Multan Bench, Multan, dated 2-4-2007 passed in Writ Petition No.5261 of 2006)
MUHAMMAD AKHTAR SHABBIR AND MUHAMMAD FARRUKH MAHMUD, JJ
Islam Ali Qureshi, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for
Respondents

WAHID BAKHSH

VS

DISTRICT OFFICER (R)/DEPUTY SETTLEMENT COMMISSIONER (LAND) NOTIFIED OFFICER, DERA GHAZI KHAN and others

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)---Ss. 10 & 11---Constitution of Pakistan (1973), Art.185(3)---Mukhbar---Vested right---Laches, principle of---Applicability---Mukhbari application filed by predecessor-in-interest of respondent was found to be correct and it was directed that cancelled land be allotted in his name against verified claim---Notified Officer passed an order and allotted cancelled land in favour of respondent in year, 2004---Order of allotment was assailed by petitioner in year, 2006, in constitutional petition, before High Court, which petition was dismissed being hit by principle of laches --Validity---If order was not challenged within the reasonable time, a vested legal right would accrue to the person in whose favour order was passed---After acceptance of Mukhbari application and direction of Settlement Authorities, allotment of land in favour of Mukhbar a vested right had accrued to him---Respondent being son of Mukhbar could not be deprived of a valuable legal right which he had acquired due to negligence of petitioner---Supreme Court did not find any illegality or infirmity in the passed by High Court which was unexceptionable--Leave to appeal was refused. Ali Muhammad through L.Rs. and others v. Chief Settlement Commissioner 2001 SCMR 1822 and Ahmed and 25 others v. Ghama and 5 others 2005 SCMR 119 ref. Rehmatullah and others v. Ulas Khan and others 1968 SCMR 975; Abdul Hamid v. Chief Settlement Commissioner and others 1968 SCMR 120; Rahim Bux v. Settlement Authorities and others 1968 SCMR 78; Ahmad Din v. Mst. Rasul Bibi 1968 SCMR 843 and Masooda Begum through Legal Heirs v. Government of Punjab through Secretary Forest, Lahore and 9 others PLD 2003 SC 90 rel. ORDER MUHAMMAD AKHTAR SHABBIR, J.--- The petitioner seeks leave to appeal against the order, dated 2-4-2007 passed by a learned Single Judge of the Lahore High Court, in Writ Petition No.526 of 2006. 2. The brief facts giving rise to the present petition are to the effect that Nawab Khan son of Taj Muhammad, predecessor-in-interest, of respondent No.2 Muhammad Rafique had filed a "Mukhbari" application on 8-9-1963, for cancellation of the land confirmed…
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