1994 PLP 2143 (MLD)
SAIN and others — Petitioners Versus MEMBER (SETTLEMENT AND REHABILITATION), BOARD OF REVENUE, PUNJAB — Respondent
| Citation | 1994 PLP 2143 (MLD) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SAIN and others — Petitioners Versus MEMBER (SETTLEMENT AND REHABILITATION), BOARD OF REVENUE, PUNJAB — Respondent |
Q1: What are the key laws and sections cited in 1994 PLP 2143 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2143 (MLD)?
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: 1994 PLP 2143 (MLD) (SAIN and others — Petitioners Versus MEMBER (SETTLEMENT AND REHABILITATION), BOARD OF REVENUE, PUNJAB — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Muhammad Abdullah for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
S.2
Constitution of Pakistan (1973), Art.199--Non-consideration of evidence on record by Settlement Commissioner before cancellation of allotment
Order of cancellation of allotment suffered from misreading of evidence placed on record by petitioner
Case was remanded to Notified Officer for fresh decision after affording opportunity to all relevant parties
Judgment & Decree
The petitioners have filed this Constitutional petition, as heirs of one Jalal Din son of Allah Ditta from whose name the land has been cancelled by the Settlement Commissioner by his order, dated 19-7-1982. This order was approved by the Chief Settlement Commissioner on 26-7-1982.
2. The facts of the case are that on a Mukhbari application the land from the name of Jalal Din was cancelled measuring 25 Kanals, 3 Marlas in Village Akbar, 44 Kanals, 7 Marlas in Village Kotli Khera and land measuring 47 Kanals, 10 Marlas in Village Jhatokey on the ground that the allottee obtained the same fraudulently posing himself to be the Jammu and Kashmir refugee although he was local of Village Harnowali where he owns the agricultural land. The learned counsel for the petitioner states that he is not claiming land measuring 44 Kanals, 7 Marlas in Village Kotli Khera.
3. As to the land measuring 47 Kanals, 10 Marlas in Jhatokey the learned counsel states that this was allotted on 6-10-1957 by the Additional Officer Revenue, Sialkot as J&K Refugee and reliance is placed on Annexure `A' Parchi Taqseem Arazi Mohajrcen Jammu & Kashmir. As to the other set of land measuring 25 Kanals, 3 Marlas in Village Akbar it is stated that this has been transferred to Jalal Din as against his claim. Reliance is placed on the report of the Tehsildar Daska dated 1-4-1982 to the effect that this land was allotted as against O.P.R. of the claimant.
4. It appears that the learned Settlement Commissioner has not considered the aforementioned evidence showing the two allotments in favour of the allottee as J&K Refugee. It is further stated that the land in question has not been allotted to any other person so far.
5. I have heard the learned counsel for the petitioner and am of the opinion that the impugned order suffers from misreading of the evidence placed on the record by the petitioner. In view of above the writ petition is accepted and the case remanded to the Chief Settlement Commissioner/Member, Board of Revenue for fresh decision after affording opportunity to all the relevant parties. AA./S-487/L??????????????????????????????????????????????????????????????????????????????????????? Case remanded.