1983 PLP 2537 (CLC)
Mst. MAHIRA PAR VEEN‑Petitioner Versus THE ASSISTANT COMMISSIONER, AND ANOTHER‑Respondents
| Citation | 1983 PLP 2537 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abdul Shakurul Salam and Muhammad Aslam Mian, JJ |
| Parties | Mst. MAHIRA PAR VEEN‑Petitioner Versus THE ASSISTANT COMMISSIONER, AND ANOTHER‑Respondents |
Q1: What are the key laws and sections cited in 1983 PLP 2537 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1983 PLP 2537 (CLC)?
The case was heard and decided by the Lahore bench comprising: Abdul Shakurul Salam and Muhammad Aslam Mian, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1983 PLP 2537 (CLC) (Mst. MAHIRA PAR VEEN‑Petitioner Versus THE ASSISTANT COMMISSIONER, AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Abdul Aziz for Petitioner.
- Ch. Muhammad Nazir Ahmad with Kh. Altaf Ahmad for Respondent No. I
- Nazar Muhammad Dogar for Respondent No. 2.
Headnotes / Summary
(a) Evacuee Property and Displaced Persons Laws Repeal Act (XIV of 1975)‑‑ ‑.‑‑ S. 3‑Cancellation of allotment‑Contention that allotment of land duly made and orders of verification of claims and allotments final under repealed law and laws having been repealed since 1st July, 1974, Assistant Commissioner has no jurisdiction to pass orders of cancellation of allotment of property which has been passed in secrecy and without notice to petitioners‑field, verifi cation of claims by Deputy Claims Commissioner. was final and allotment made within entitlement‑Order of Assistant Commis sioner, set aside, in circumstances‑Constitution of Pakistan (1973), Art. 199. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)‑ ‑‑ Ss. 10 & 11 ‑ Constitution of Pakistan (1973), Art. 199 ‑Cancellation of allotment‑Service of notice‑Deceased father of petitioner, filing claim of abandoned land duly verified as rural and allotment made‑Petitioner. heir of deceased filing claims which were verified as urban‑On a ,reference from Central Record Room, Claims Commissioner entrusting matter to Deputy Claims Com missioner, who verified claim as urban and allotment in lieu thereof made‑Assistant Commissioner without serving notice on peti tioners, in secrecy, ordering registration of criminal case and cancel ling allotment‑Settlement Department asserting that verification of claim as urban was invalid and that allotment cancelled is in excess of entitlement‑Directions by High Court to Member, Board of Revenue to entrust matter to a notified officer who may cancel same after notice to persons concerned in accordance with law. Malik Ghulam Ahmad v: Haji Muhammad Yousaf and others P L D 1976 S C 271 ref. Sh. Riaz Ahmad, A.‑G. with Altaf Muhammad Khan and Sardar
Judgment & Decree
Malik Ghulam Ahmad v: Haji Muhammad Yousaf and others P L D 1976 S C 271 ref. Sh. Abdul Aziz for Petitioner. Ch. Muhammad Nazir Ahmad with Kh. Altaf Ahmad for Respondent No. I Sh. Riaz Ahmad, A.‑G. with Altaf Muhammad Khan and Sardar Nazar Muhammad Dogar for Respondent No.
2. ABDUL SHAKURUL SALAM, J.‑This order will dispose of Writ Petitions No. 594/11‑81, (2) 594111‑81, (3) 596/11‑81, (4) 597/11‑81, (5) 598JR‑81 and (6) 599/R‑8l as well as Writ Petition (7) No. 659/R‑81, (8) 660/R‑81, (9) 671/R‑81 and (10) 662/R‑
81. The first set of petitions are by allottees and the second by vendees of some of the allotted land.
2. Relevant facts as gathered from the petitions and parawise com ments by the A. C. respondent No. 1 are that one Anwaruddin filed a claim for abandoned land which was verified as rural and allotment made. His heirs, a son and five daughters‑the petitioners filed claim which were verified as urban. On reference from the Central Record Room, Claims Commissioner entrusted the matter to late Mr. Jaliluddin Farooqi, Deputy Claims Commissioner‑an officer of unimpeachable integrity who verified the petitioner's claims as urban. Allotments in lieu thereof were made in villages Amar sidhu, Baganwala and Charar. Allotment in the first village went out of the hands of the petitioners because local Muslims being occu pancy tenants got decrees in their favour. Allotments in the last village Charar have been cancelled by the A. C. (Sadar) and he has directed regis tration of case vide order dated 12th October, 1981. This is challenged by the allottees and the vendees.
3. The case of the petitioners is that the orders of verification of their claims and allotments had become `final' under the relevant laws, the laws themselves have been repealed since 1st July, 1974 vide Act XVI of 1975 the respondent A. C. had no jurisdiction to pass the order. The action is illegal and arbitrary having been passed in the secrecy of office without notice to petitioners who have been prejudicially affected.
4. The case of the Settlement Department is that the verification of claim as urban was invalid and that the allotment cancelled is in excess of entitlement.
5. We have heard the learned counsel for the parties and gone through the record carefully. Verification of claims by the Deputy Claims Commissioner was `final' under the relevant law and the allotment in dispute in village Charar is within the entitlement. The basis of the impug ned order is knocked out. However, in view of Malik Ghulam Ahmad v. .Haji Muhammad Yousaf and others (P L D 1976 S C 271) we pass no order as regards registra tion or investigation of the case. As regards the assertion of the department that the abandoned land had earlier been verified as rural and allotment made in lieu thereof, the learned Member, Board of Revenue may entrust the matter to a notified officer who may cancel the same if the fact be as asserted after notice to the persons concerned in accordance with law. These petitions are thus disposed of. K.M.A Order accordingly.