P D 1991 Lahore 55 (PLP)
IFTIKHAR ALI KHAN and 9 others — Petitioners Versus THE SETTLEMENT COMMISSIONER (LAND), LAHORE
| Citation | P D 1991 Lahore 55 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | IFTIKHAR ALI KHAN and 9 others — Petitioners Versus THE SETTLEMENT COMMISSIONER (LAND), LAHORE |
Q1: What are the key laws and sections cited in P D 1991 Lahore 55 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P D 1991 Lahore 55 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P D 1991 Lahore 55 (PLP) (IFTIKHAR ALI KHAN and 9 others — Petitioners Versus THE SETTLEMENT COMMISSIONER (LAND), LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rana Muhammad Sarwar for Petitioners. Ch. Muhammad Abdullah for Respondent No.5. Ch.Muhammad Nazir for the Settlement Department.
Headnotes / Summary
S. 2
Scrutiny of Claims (Evacuee Property) Regulation, 1961 (MLR 89/91), para. 6
Constitution of Pakistan (1973), Art.199
Claimants from non-agreed areas
Petitioner's allotment in excess of revised entitlement stood cancelled by operation of Martial Law Regulations Nos.89 & 91
Decision by an unspecified authority lacking jurisdiction in matter
Effect
Tehsildar purporting to exercise powers of Notified Officer cancelled petitioner's entitlement against which area had to be retained by claimants in accordance with revised claim and entitlement--Notified Officer proceeding on suppositions had left the matter for determination by an unspecified authority viz. Tehsildar, alien to the law
All matters of which cognizance could be taken by Notified Officer had to be finally disposed of by him
Notified Officer failed to record findings which went to the root of the matter for a just decision which he was bound to render after application of his mind to material on record and after perusal of relevant settlement files, registers, documents and attending circumstances of case Order passed by Notified Officer thus suffered from visible vitiating infirmity which rendered them of no legal effect. [p. 581 A
Para. 6
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2
Constitution of Pakistan (1973), Art.199
Surrendered land--Vital questions left undecided by Notified Officer
Effect
Mukhbar's entitlement after land ceased to be evacuee
Surrendered area in excess of entitlement
"Mukhbar" not entitled to allotment of surrendered area--Surrendered land having undergone a change of character by operation of law since the year 1961, such land could not revert to the evacuee pool but became Provincial Government's land
Notified Officer failed to consider whether in respect of land which stood cancelled by operation of law any "mukhbari" application for cancellation of non-existent allotment was at all competent on behalf of a mukhbar
Functionaries below having left undecided questions which related to jurisdiction and were germane for a lawful adjudication, there was a visible lack of due application of mind on their part
Notified Officer, thus failed to exercise jurisdiction vested in him by law in keeping with the dictates of statutes under which he was purportedly acting
High Court, however, in Constitutional jurisdiction would not ordinarily substitute its own findings of fact which functionaries below failed to record though they were bound to record those findings
Findings recorded by Notified Officer and Tehsildar were held to be without lawful authority and of no legal effect
Case was remanded to Board of Revenue for disposal in accordance with law. [pp. 58, 59] B & C
Art. 199
Constitutional jurisdiction, extent
High Court would not ordinarily substitute its own findings for those of the Tribunal below or record findings of fact which functionaries below failed to record though they were bound to record those findings. [p. 58] B
Paras. 6 & 10
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2
Constitution of Pakistan (1973), Art.199
Orders of Notified Officer and Tehsildar being not in accordance with law were set aside and case was remanded to Board of Revenue for decision afresh
Questions to be decided by the forum below.
Judgment & Decree
Para. 6
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2
Constitution of Pakistan (1973), Art.199
Surrendered land--Vital questions left undecided by Notified Officer
Effect
Mukhbar's entitlement after land ceased to be evacuee
Surrendered area in excess of entitlement
"Mukhbar" not entitled to allotment of surrendered area--Surrendered land having undergone a change of character by operation of law since the year 1961, such land could not revert to the evacuee pool but became Provincial Government's land
Notified Officer failed to consider whether in respect of land which stood cancelled by operation of law any "mukhbari" application for cancellation of non-existent allotment was at all competent on behalf of a mukhbar
Functionaries below having left undecided questions which related to jurisdiction and were germane for a lawful adjudication, there was a visible lack of due application of mind on their part
Notified Officer, thus failed to exercise jurisdiction vested in him by law in keeping with the dictates of statutes under which he was purportedly acting
High Court, however, in Constitutional jurisdiction would not ordinarily substitute its own findings of fact which functionaries below failed to record though they were bound to record those findings
Findings recorded by Notified Officer and Tehsildar were held to be without lawful authority and of no legal effect
Case was remanded to Board of Revenue for disposal in accordance with law. [pp. 58, 59] B & C Syed Azmat Ali v. The Chief Settlement and Rehabilitation Commissioner, Lahore and others PLD 1964 SC 260 rel. (c) Constitution of Pakistan (1973)
Art. 199
Constitutional jurisdiction, extent
High Court would not ordinarily substitute its own findings for those of the Tribunal below or record findings of fact which functionaries below failed to record though they were bound to record those findings. [p. 58] B (d) Scrutiny of Claims (Evacuee Property) Regulation, 1961 [MLR 89/91)
Paras. 6 & 10
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2
Constitution of Pakistan (1973), Art.199
Orders of Notified Officer and Tehsildar being not in accordance with law were set aside and case was remanded to Board of Revenue for decision afresh
Questions to be decided by the forum below. In the remand all the crucial questions should be examined and decided, specially the quantum of revised claim of the claimants. the surrendered land and whether or not in respect of the same, option had been exercised by the claimants or any instalment paid. The locus standi of an informer and whether such a person could be conferred informant benefits in respect of allotment and land covered by Martial Law Regulations 89,/91: would be paramount questions to he resolved as a preliminary issue. All other points which might properly arise for consideration and were germane for the resolution of the controversy before the Notified Officer for a proper decision, would be fully adverted to, adjudicated upon and decided finally. The parties would be given proper opportunity to substantiate their pleas and the proceedings undertaken must reflect keenness to reach the truth and do justice to the parties in accordance with law. [p. 59] D Rana Muhammad Sarwar for Petitioners. Ch. Muhammad Abdullah for Respondent No.5. Ch.Muhammad Nazir for the Settlement Department. Date of hearing: 6th May, 1990.