1982 PLP 967(2) (SCMR)
HAKEEMUDDIN AND OTHERS-Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LAND) — AND ANOTHER-Respondents
| Citation | 1982 PLP 967(2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | HAKEEMUDDIN AND OTHERS-Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LAND) — AND ANOTHER-Respondents |
Q1: What are the key laws and sections cited in 1982 PLP 967(2) (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 PLP 967(2) (SCMR)?
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: 1982 PLP 967(2) (SCMR) (HAKEEMUDDIN AND OTHERS-Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LAND) — AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Nawaz Kasuri, Bar-at-Law Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioners.
- K. H. Khurshid Senior advocate Supreme Court and Abid Nawaz, Advo cate-on-Record for Respondents.
- Date of hearing : 22nd February, 1981
- Muhammad Nawaz Kasuri, Bar‑at‑Law Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
- K. H. Khurshid Senior advocate Supreme Court and Abid Nawaz, Advo cate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court dated 14-10-1975 in Writ Petition No. 161 of 1970). Displaced Persons (Land Settlement) Act (XLVII of 1958) -- Ss. 10, 11 & 20(3)-Dispute relating to allotment of land-Litigation between parties standing foreclosed by judgment of High Court Ensuing litigation at petitioner's instance bare repetition of pleas rejected earlier-Held, High Court rightly declined to interfere with orders sought to be challenged by petitioner.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑The dispute between the parties relates to allotment of land measuring 6 kanals in Khasra Nos. 1491/1‑2 and 149/1. After series of litigation in the department, the dispute came up before the former High Court of West Pakistan in Writ Petition No. 532‑R of 1963 filed by Hakeemuddin, predecessor‑in‑interest of the petitioners. The petition was dismissed with the result that the confirmation of land in favour of Lal Din respondent was upheld. After having been unsuccessful in the High Court, petitioners moved an application before the Rehabilitation Commis sioner for the review of the order dated 3‑7‑1961 which had earlier been challenged by them in Writ Petition No. 352‑R of 1963. Learned Rehabilitation Commissioner dismissed the review application by the order dated 12‑9‑1969 on the ground that the petitioners had earlier unsuccessfully challenged the same order in their second revision and also in the Writ Petition in the High Court, and, even otherwise, no ground for review was made out. Petitioners did not rest at that, but again filed miscellaneous applications under sections 10 and 11 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and also under section 20 (3) of the Displaced Persons (Land Settlement) Act, 1958. After these proved to be futile they approached the High Court once again, in Writ Petition No. 168‑R of 1970. The petition was dismissed by a learned Single Judge of the High Court by the judgment dated 4‑10‑1.973 and ‑then filed this petition seeking special leave to appeal. It would be seen from the facts narrated above that litigation between the parties was foreclosed by the judgment of the former High Court of West Pakistan in Writ Petition No. 352‑R of 1963. The litigation that ensued thereafter at petitioner's instance was bare repetition of their pleas in support of their entitlement which had been rejected earlier, and on these facts, the High Court rightly declined to interfere with the orders sought to be challenged by the petitioners. This petition has no merit and is dismissed in limine. Petition dismissed.