1986 PLP 451 (MLD)
JALAL DIN‑‑Petitioner Versus ASSISTANT COMMISSIONER/ ADDITIONAL SETTLEMENT
| Citation | 1986 PLP 451 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | JALAL DIN‑‑Petitioner Versus ASSISTANT COMMISSIONER/ ADDITIONAL SETTLEMENT |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑ |
Q1: What are the key laws and sections cited in 1986 PLP 451 (MLD)?
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 1986 PLP 451 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 451 (MLD) (JALAL DIN‑‑Petitioner Versus ASSISTANT COMMISSIONER/ ADDITIONAL SETTLEMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.R. Shaukat for Petitioner.
- Nemo for others and Muhammad Zafar Ch. for Respondent No.2.
- Dates of hearing: 11th and 160 December, 1985.
Headnotes / Summary
‑‑‑Ss.10 & 11‑‑Confirmed allotment‑‑Cancellation of‑‑Jurisdiction of Assistant Commissioner‑‑‑ Assistant Commissioner, held, was not competent to hear appeal as Additional Settlement Commissioner against order passed by Additional Settlement Commissioner confirming allotment of land in dispute in favour of allottee/ petitioner. Ch. Muhammad Nazir Ahmad for the Settlement Department.
Judgment & Decree
A.R. Shaukat for Petitioner. Ch. Muhammad Nazir Ahmad for the Settlement Department. Nemo for others and Muhammad Zafar Ch. for Respondent No.2. Dates of hearing: 11th and 160 December, 1985. Through this constitutional petition, Jalal Din petitioner wants this Court to declare the order dated 30‑6‑1977 passed by the Assistant Commissioner/ Additional Settlement Commissioner (Lands) Depalpur, to be without lawful authority and of no legal effect.
2. The dispute relates to agricultural land measuring 36 Kanals and 6 Marlas situated in Mauza Mehtaki Mehtab, which was confirmed to Jalal Din petitioner on 12‑9‑1963 by the Additional Settlement Commissioner (Lands) in lieu of 173 P.I. Units. On 6‑2‑1974. i.e. after more than ten years Mst. Sardar Begum respondent No. 2 filed appeal before the ‑Assistant Commissioner/ Additional Settlement Commissioner against the order, dated 12‑9‑1963. Alongwith the appeal, an application for the condonation of delay under section 5 of the Limitation Act was given. The learned Assistant Commissioner /Additional. Settlement Commissioner (Land) respondent No.1 accepted the appeal on 30‑6‑1977, hence, this petition.
3. The learned counsel for the petitioner‑submitted that respondent No.1 was not competent to hear appeal against the order dated 12‑9‑1963 of the Additional Settlement Commissioner. The learned counsel for the Settlement Department has frankly conceded: The learned counsel for the respondent No.2 has not been able to controvert the submissions made by the learned counsel for the petitioner.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. I find that since the impugned order was passed by the learned Additional Settlement Commissioner (Lands) therefore, the Assistant Commissioner, respondent No.1 could not hay heard the appeal as Additional Settlement Commissioner. That being the position, there is no option but to declare the impugned order to hay been passed without lawful authority.
5. For what has been said above, the petition is accepted and the appeal filed by respondent No.2 is sent back to the Additional Commissioner (Revenue) Lahore for fresh, decision in accordance with law after giving parties opportunity of being heard. H.B.T Petition accepted.