1988 PLP 1228 (SCMR)
FEROZ E BIBI Petitioner Versus SETTLEMENT COMMISSIONER (LAND) and another‑‑Respondents
| Citation | 1988 PLP 1228 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Waheeduddin Ahmad and Salahuddin Ahmed, JJ |
| Parties | FEROZ E BIBI Petitioner Versus SETTLEMENT COMMISSIONER (LAND) and another‑‑Respondents |
Q1: What are the key laws and sections cited in 1988 PLP 1228 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1228 (SCMR)?
The case was heard and decided by the High Court bench comprising: Waheeduddin Ahmad and Salahuddin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1228 (SCMR) (FEROZ E BIBI Petitioner Versus SETTLEMENT COMMISSIONER (LAND) and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Majeed Khan, Advocate Supreme Court, instructed by Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 11th June, 1974.
Headnotes / Summary
Rehabilitation and Settlement Scheme, 1956‑ ‑‑‑Para.4‑A‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Allotment of land to Jammu and Kashmir refugees‑‑Petitioner's counsel being unable to point out that land previously allotted to petitioner, Jammu and Kashmir refugee, had been further allotted to any body else, provision of para. 4‑A had no application to case‑‑Allotment made to Jammu and Kashmir refugees also not shown to be heritable‑‑Petition for leave to appeal being without any force dismissed.
Judgment & Decree
WAHIDUDDIN AHMAD, J.‑‑One Mst. Gohar Bibi widow of Sahib Din an allottee from Jammu and Kashmir State was issued a ration card to draw free ration. After the scheme for distribution of free ration was stopped, she was allotted land in lieu of ration for subsistence allowance. After her death the land remained in possession of another person and on the complaint filed by an interested party the same was resumed on the ground that since the allotment was for subsistence purposes only and no family member was to derive benefit out of the same, therefore, the legal heirs of Mst. Gohar Bibi could not inherit the land. Later on, however, the petitioner who is the daughter of Mst. Gohar Bibi, made an application that the land may be allowed to remain with her as the legal heir of Mst. Gohar Bibi. This prayer was turned down by the Settlement Authorities. The matter was taken in the Lahore High Court in writ petition No.652/R of 1972 and a learned Single Judge of the High Court, by order dated the 2nd July, 1973, dismissed the writ petition. The petitioner seeks permission to file an appeal against the said order. Mr.Abdul Majeed Khan, learned counsel for the petitioner, has contended that under clause 4‑A of the Rehabilitation Scheme, the land allotted to the Jammu and Kashmir refugees is exempted from further allotment. The learned counsel for the petitioner was unable to point out that the land in dispute has been allotted to anybody. In these circumstances, this provision has no application. Further the learned counsel for the petitioner was unable to satisfy us, that the allotment made to Jammu and Kashmir refugees is heritable. In these circumstances, there is no force in the petition. The petition is dismissed. S. Q. /F‑43/S Petition dismissed.