1991 PLP 1828 (SCMR)
Mst. INAYAT BIBI and others — Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) and others — Respondents
| Citation | 1991 PLP 1828 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid Saad Saood Jan and Abdul Shakurul Salam, JJ |
| Parties | Mst. INAYAT BIBI and others — Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) and others — Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1991 PLP 1828 (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 1991 PLP 1828 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid Saad Saood Jan and Abdul Shakurul Salam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1828 (SCMR) (Mst. INAYAT BIBI and others — Petitioners Versus ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 9th January, 1990.
- Sh. Abdul Aziz, Advocate Supreme Court and Tanvir Ahmad, Advocate-on‑Record for Petitioners.
Headnotes / Summary
(From the judgment dated 13-1-86 of the Lahore High Court, Lahore in Writ Petition No.1146/R of 1977).
Ss. 10 & 11
Constitution of Pakistan (1973), Art.185(3)
Order cancelling allotment of land in dispute passed by Authority was challenged by petitioner in Constitutional petition on ground that Authority not being Notified Officer was not competent to cancel allotment, but High Court finding ground raised by petitioner without any merit, dismissed petition
Petitioner, in petition for .leave to appeal without raising that ground contended that finding of Authority that allotment was bogus was not supported by relevant record
Contention raised in petition having not been raised before High Court, Supreme Court refused to entertain same
Leave to appeal was refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑The‑ petitioners in this petition for special leave to appeal are the successors‑in‑interest of one Jamadar who obtained an allotment of land in village Bhuller Mairewala of Tehsil Pasrur of District Sialkot. On a Mukhbari application filed by respondents Nos. 2 to 9 under section 10/ 11, Displaced Persons (Land Settlement) Act, 1958, the Additional Settlement Commissioner cancelled the allotment ‑on the ground that it was a bogus one. The petitioners challenged the order of the Additional Settlement Commissioner in writ jurisdiction before the High Court. From the order of the High Court it appears that the only ground advanced by them was that the Additional Settlement Commissioner was not a notified officer and as such he was not competent to make the impugned order. The High Court examined this plea and found that the said ground was without any merit. Accordingly, it dismissed the writ petition. The petitioners now seek leave to appeal from this Court.
2. In support of this petition it is contended that the finding of the Additional Settlement Commissioner that the allotment was a bogus one was not supported by the relevant record. It is to be noticed that this contention was not raised before the High Court, We are not therefore prepared to entertain it. The petition is dismissed. H.B.T./1‑113/S Petition dismissed.