1991 PLP 1157 (SCMR)
Mst. LAQEEUN NISA and others — Petitioners Versus Mst. SAEED AKHTAR and others — Respondents
| Citation | 1991 PLP 1157 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Shakurul Salam and Rustam S. Sidhwa, JJ |
| Parties | Mst. LAQEEUN NISA and others — Petitioners Versus Mst. SAEED AKHTAR and others — Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1991 PLP 1157 (SCMR)?
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 1157 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Shakurul Salam and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1157 (SCMR) (Mst. LAQEEUN NISA and others — Petitioners Versus Mst. SAEED AKHTAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Masud Akhtar for Petitioners.
- Nemo for Respondents.
- Date of hearing: 28th January, 1990.
Headnotes / Summary
(On appeal from-the judgment and order dated 12-11-1986 of the Lahore High Court in L.PA. No.180 of 1970).
Ss. 10 & 11
Constitution of Pakistan (1973), Arts. 185(3) & 199
Allotment of land, cancellation of
Petitioners admittedly at relevant time, had no statutory right to claim allotment of land in 4pute on basis of their being informers-- Settlement Commissioner after discussing claims of both parties and giving reasons for his choice, chose to prefer respondent for the allotment
Such being a question of fact, was not open to interference in Constitutional jurisdiction-- Petition, for leave to appeal was dismissed.
Judgment & Decree
Sh. Masud Akhtar for Petitioners. Nemo for Respondents. Date of hearing: 28th January, 1990. RUSTAM S. SIDHWA, J.‑‑‑This is a petition filed by Mst. Laqeeun Nisa and others petitioners, seeking leave to appeal against the judgment of a Division Bench of the Lahore High Court passed in Letters Patent Appeal No.180 of 1970 dismissing their appeal.
2. The petitioners claim to be informers and want urban land measuring 19 marlas and 175 sq. ft. to be allotted in their favour; whereas the same land has been allotted to Mst. Saeed Akhtar, respondent No.l in lieu of one kanal area cancelled by the Settlement and Rehabilitation Commissioner on 22‑1‑1969 out of some other land allotted to her, on the ground that the said land formed part of the road which had been acquired by the Lahore Improvement Trust.
3. Learned counsel for the petitioners submits that his clients being both allottees and informers had a superior right of allotment to the disputed land and the orders of the Settlement Officers and of the learned Judges of the High Court are illegal. .
4. There is no dispute that at the relevant time, the petitioners had no statutory right to claim the allotment of any evacuee land on the basis of their being informers. As regards their claim to the allotment of the disputed land, the learned Settlement Commissioner chose to prefer Mst. Saeed Akther, respondent No.l, after discussing the claims of both the parties and giving reasons for his choice. This being a question of fact, was not open to interference in the writ jurisdiction. In these circumstances, there is no merit in this petition, which is dismissed. H.B.T./L‑44/S Petition dismissed.