Case Details

Citation(s)
2008 SLG 1436 2008 SLD 1436 2008 SCMR 22
Supreme Court of Pakistan
Civil Petitions Nos.529 and 530-L of 2002, decision dated: 19-04-2006.(On appeal from the order, dated 7-11-2002 of the Lahore High Court, Lahore, passed in Writ Petitions Nos.]. 3947 and 13948 of 1999)
TASSADUQ HUSSAIN, JILLANI AND NASIR-UL-MULK, JJ
Sh. Khalid Habib, Advocate Supreme Court for Petitioner. S.M. Masood, Advocate Supreme Court for
Respondents Nos.1 to 4

DISTRICT COLLECTOR/OFFICER (REvs) FAISALABAD

VS

Rana ZAHID TAUSEEF and others

Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII) of 1958)---S. 10---Constitution of Pakistan (1973), Art.185(3)---Transfer of evacuee property---Leave to appeal had been sought by the petitioner on the ground that constitutional petitions filed by the respondents, were not maintainable as alternate remedy was available to them under West Pakistan Land Revenue Act, 1967-7-Validity---Respondents admittedly were successors-in-interest of genuine allottees of property in one case and auction purchaser in the other and their title in respect of said properties remained unchallenged---Judgment of High Court, did speak of the cases of those P.T.Ds., which were issued till the issuance of notification dated 12-6-1988 dealing with exchange of evacuee property with State property---High Court did observe that said category of persons could be allowed to retain the property notwithstanding 'the notification of exchange dated 3-1-1958---P.T.Ds., with regard to properties subject matter of that petition were issued in 1964 long before notification dated 12-6-1988---Said had attained finality as counsel for petitioner had not referred any of the Supreme Court which could have interfered with said ---Case of the respondents squarely fell within the ambit of cases which had been adverted to in the operative part of of the High Court---Respondents in' circumstances had rightly been granted relief through impugned ---Impugned being unexceptionable, petition was dismissed. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---This single order, shall dispose of Civil Petitions Nos.529-L of 2002 and 530-L of 2002, as both have arisen out of the same judgment. 2. Through the afore-referred petitions, petitioner has sought leave to appeal against the judgment, dated 7-11-2001 vide which a learned Single Judge of the Lahore High Court accepted respondents' two Constitutional Petitions (bearing Writ Petition Nos.13947 of 1999 and 13948 of 1999) and it was held, that the respondents' predecessor-in-interest had rightly been transferred the properties (Property bearing No.P-53, Khalisa College Road, Lyallpur and the other property i.e. a plot measuring 4 Kanals and 5 Marlas) and,…
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