1991 PLP 1561 (CLC)
LAHER KHAN and another‑‑‑Petitioners Versus SETTLEMENT COMMISSIONER (LANDS)‑‑‑Respondent
| Citation | 1991 PLP 1561 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Khalilur‑Rehman Khan and Falak Sher, JJ |
| Parties | LAHER KHAN and another‑‑‑Petitioners Versus SETTLEMENT COMMISSIONER (LANDS)‑‑‑Respondent |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 1561 (CLC)?
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 1561 (CLC)?
The case was heard and decided by the Lahore bench comprising: Khalilur‑Rehman Khan and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1561 (CLC) (LAHER KHAN and another‑‑‑Petitioners Versus SETTLEMENT COMMISSIONER (LANDS)‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Dilshad Khan for Petitioners.
- Ch. Muhammad Nazir for Respondent.
Headnotes / Summary
‑‑‑‑S. 21 [as omitted by Evacuee Property and Displaced Persons Law (Amendment) Act (LV of 1973)‑‑‑Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975), S.3‑‑‑Revisional powers of High Court having been taken away by Act (LV of 1973) and evacuee laws having been repealed, revision filed by petitioners was disposed of by High Court with the observations that excess land in dispute be offered to petitioners for purchase under S.3 of Act (XIV of 1975), if not already disposed of and that matter be decided by Authority concerned on merits in accordance with law‑‑‑In case land had not been disposed of as yet, petitioners could approach Member (Settlement), Board of Revenue for its disposal as such matter could not be examined by High Court.
Judgment & Decree
KHALIL‑UR‑REHMAN KHAN J.‑‑‑Heard. The revisional jurisdiction vesting in this Court under Section 21 of the Displaced Persons (Land Settlement) Act, 1958, was taken away by omitting Section 21 from the aforesaid Act vide Evacuee Property and Displaced Persons Laws (Amendment) Act, 1973 (LV of 1973). The Displaced Persons (Land Settlement) Act, 1958, was itself repealed by Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975). Settlement Revision No.208/69 was disposed of by a Division Bench of this Court vide judgment dated 2‑6‑1979.
2. The petitioners moved this application under Section 12(2), C.P.C. on 18‑4‑1987. We are of the view that in the circumstances noted above, this application does not lie to this Court under the Code of Civil Procedure. This Court in its judgment dated 2‑6‑1979, disposed of the revision petition (S.R.208/69) with the observations, that the excess land in dispute be offered to the petitioners for purchase under Section 3 of Act (XIV of 1975) if not disposed of meanwhile and the matter be disposed of by the learned Member, Board of Revenue/Chief Settlement Commissioner, in accordance with law after due notice to the said petitioners.
3. Learned counsel for the petitioners states that the land has not yet been disposed of, and that the petitioners have preferential right to seek transfer of the land under Section 3 of Act (XIV of 1975). This plea need not be examined by us as the claim of the revision‑petitioners was to be examined by the learned Member (Settlement) Board of Revenue, in accordance with law. If the land has not yet been disposed of, the petitioners may also approach the learned Member (Settlement), Board of Revenue, as the matter of disposal of excess land was to be disposed of on merit and in accordance with law in view of the observations I earlier made. The application is disposed of accordingly. H.B.T./L‑111/L Order accordingly,