1991 PLP 1160 (CLC)
PROVINCE OF PUNJAB through Secretary, Livestock ‑‑‑ Petitioner Versus FAIZ MUHAMMAD and 6 others ‑‑‑ Respondents
| Citation | 1991 PLP 1160 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Manzoor Hussain Sial, J |
| Parties | PROVINCE OF PUNJAB through Secretary, Livestock ‑‑‑ Petitioner Versus FAIZ MUHAMMAD and 6 others ‑‑‑ Respondents |
Q1: What are the key laws and sections cited in 1991 PLP 1160 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1160 (CLC)?
The case was heard and decided by the Lahore bench comprising: Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1160 (CLC) (PROVINCE OF PUNJAB through Secretary, Livestock ‑‑‑ Petitioner Versus FAIZ MUHAMMAD and 6 others ‑‑‑ Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rashid Malik for Petitioner.
- M.Z. Khalil for Respondent No.l.
- Faqir Muhammad Khokhar with Raja Saleem Akhtar for Respondent No.7.
- Date of hearing: 27th February, 1991.
Headnotes / Summary
Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ ‑‑‑‑ Ss. 10 & 11 ‑‑‑ Allotment of land, cancellation of ‑‑‑ Allotment of land in dispute made prior to crucial date 27‑2‑1965, would hold good and was subjected to no exception. Province of Punjab through Secretary, Forestry and Wildlife, Lahore. v Muhammad Mahmood Shah and others (CA. No.307 of 1981 ref. Respondents Nos.2 to 6: Ex parte.
Judgment & Decree
The dispute in this case relates to land measuring 630 kanals 7 marlas situate in village Lalewali Tehsil Pasrur, District Sialkot. It was allotted to respondent Nos.2 to 6 on 31‑10‑1964. Out of this land, 210 kanals 9 marlas were alienated by the aforementioned respondents in favour of Mst. Shehzadi Parveen respondent No.7 through Mutation No.369 sanctioned on 28‑6‑1965 by the Assistant Collector, Pasrur. The Forest Department assailed the order of allotment dated 31‑10‑1964 in appeal before the Additional Settlement Commissioner who accepted the appeal vide order dated 7‑12‑1968 and remanded the case to the Deputy Settlement Commissioner for fresh decision. The case remained pending until the repeal of the Evacuee Laws. Eventually it was disposed of by the Settlement Commissioner/Notified Officer on 6‑12‑1978, whereby he upheld the order of allotment of the land in dispute. The Province of Punjab through Secretary, Forestry and Wild Life, Lahore challenged the aforesaid order by means of this Constitutional petition.
2. Learned counsel for the contesting respondent No.7 pointed out that the Supreme Court on identical question in case the Province of Punjab through Secretary, Forestry and Wild Life, Lahore v. Muhammad Mahmood Shah and others (1991 S C M R 1426) (CA. No.307 of 1981) and other connected appeals on 9‑1‑1991 has held in para. 12 of the judgment: "In view of our discussion above the allotments finalized before 27‑2 1965 hold good. Those made after were in violation of the prohibitory order of the Chief Settlement Commissioner and cannot, therefore, be sustained." It is submitted that in view of the pronouncement made by the Supreme Court the allotment of land made on 31‑10‑1964 in favour of the predecessor‑in‑interest of respondent No.7 holds good and is subject to no exception.
3. Learned counsel appearing on behalf of the petitioner states that the Forest Department was party to the above referred case‑decided by the Supreme Court and the position highlighted in the aforesaid judgment is fully applicable to the circumstances of the instant case.
4. In the result this petition fails and is accordingly dismissed with no order as to costs. H.B.T./P‑143/L Petition dismissed.