1985 PLP 1503(2) (SCMR)
Capt. AZMAT HAYAT KHAN and others — Petitioners Versus YOUSAF MASIH and others — Respondents
| Citation | 1985 PLP 1503(2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Nasim Hasan Shah, JJ |
| Parties | Capt. AZMAT HAYAT KHAN and others — Petitioners Versus YOUSAF MASIH and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 1503(2) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1503(2) (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1503(2) (SCMR) (Capt. AZMAT HAYAT KHAN and others — Petitioners Versus YOUSAF MASIH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Afzal, Advocate Supreme Court with Hamid Aslam Quraishi, Advocate-on-Record for petitioners.
- Date of hearing: 30th May, 1984.
- Malik Muhammad Afzal, Advocate Supreme Court with Hamid Aslam Quraishi, Advocate‑on‑Record for petitioners.
Headnotes / Summary
(On appeal from the judgment, dated 5-3-1975 of the Lahore High Court in Writ Petition No. 776-R of 1969)
Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 11--Order dismissing petition under S. 11 as not maintain able--Interfered with by High Court in writ jurisdiction without adverting to findings of Chief Settlement Commissioner on question of maintain ability--Leave granted to consider whether High Court's order, holding impugned order as without lawful authority, was passed in proper exercise of its jurisdiction.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The High Court accepted a writ petition directed against the order, dated 17‑7‑1969 passed by the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner, Sargodha, dismissing the revision under section 11 of the Displaced Persons (Land Settlement) Act, 1958, lodged before him on 3‑4‑1968. whereby the order of the allotment made in 1960 in favour of the petitioners was challenged, as being not maintainable. While so doing, the High Court did not at all advert to the finding of the Chief Settlement Commissioner, on which he had dismissed the petition under section 11, namely, that it was not maintainable. The question, inter alia, whether the High Court's order holding the order of the Chief Settlement Commissioner, dated 17‑7‑1969 as without lawful authority was passed in proper exercise of its jurisdiction, requires further consideration. Leave granted. Security Rs.1,
000. Status quo to be maintained during the pendency of the appeal M.I. Leave granted