SCMR 1989

1989 PLP 1762 (SCMR)

BUNYAD ALI Petitioner Versus MEMBER (SETTLEMENT AND REHABILITATION)/CHIEF

Jurisdiction / Court
High Court
Decided Date
Civil Petition No. 428 of 1982, decided on 6th November, 1988.
Honorable Judges
Nasim Hasan Shah and Chulam Mujaddid, JJ
Case Reference Summary (AEO Optimized)
Citation 1989 PLP 1762 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Chulam Mujaddid, JJ
Parties BUNYAD ALI Petitioner Versus MEMBER (SETTLEMENT AND REHABILITATION)/CHIEF
Primary Law Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 PLP 1762 (SCMR)?

This judgment primarily cites: Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 PLP 1762 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Chulam Mujaddid, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 PLP 1762 (SCMR) (BUNYAD ALI Petitioner Versus MEMBER (SETTLEMENT AND REHABILITATION)/CHIEF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑

Representation

  • A. R. Shaukat, Advocate Supreme Court and Tanvir Ahmad, Advocate -on‑Record for Petitioner.
  • S. Salahuddin, Advocate‑on‑Record and Sh. Abdul Aziz, Advocate Supreme Court for Respondents Nos.l to 3.
  • M. A. Kadri, Advocate‑on‑Record and Ch. Nazir Ahmad, Advocate Supreme Court for Respondent No. 4.
  • Date of hearing: 6th November, 1988.

Headnotes / Summary

(From the judgment of Lahore High Court dated 15‑2‑1982 in W.P. 743/R of 1979). ‑‑‑S.14(1‑A)‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Mukhbari application‑ Information as to illegal and fraudulent allotment had already been laid before the Department‑‑Petitioner's case was not covered by S. 14 (1‑A) of the Displaced Persons Act, 1958‑‑Petitioner, thus, had no authority to challenge the sale in favour of respondents in circumstances‑‑Petition for leave to appeal dismissed.

Judgment & Decree

GHULAM MUJADDID, J.‑‑Bunyad Ali son of Lal Khan seeks leave to appeal against the judgment of Lahore High Court dated 15‑2‑1982 whereby the Constitution petition filed by him was dismissed. Learned Judge of the High Court after discussing the factual position and examining the merits of the case observed, the petitioner filed the mukhbari application on 25‑8‑1970 when the information as to the illegal and fraudulent allotment of Muhammad Aziz had already been laid before the Department by Dilawar Hussain, on 7‑2‑1967." It was further observed that the case of the petitioner was not covered by section 14 (1‑A) of the Displaced Persons (Land Settlement) Act and as such he had no authority to challenge the sale in favour of the respondents. These findings of the learned Judge being in accordance with law call for no interference. The petition is dismissed. M.A.K./B‑113/S Petition dismissed.