1989SCMR815 (PLP)
Mian RASOOL SHAH and others — Petitioners Versus FAKHAR-UZ-ZAMAN KHAN through his Legal Heirsi and others — Respondents
| Citation | 1989SCMR815 (PLP) |
| Forum / Court | West Pakistan Land Reforms Regulation, 1959 M.L.R. 64-- |
| Bench Members | Nasim Hasan Shah and Ghulam Mujaddid; JJ |
| Parties | Mian RASOOL SHAH and others — Petitioners Versus FAKHAR-UZ-ZAMAN KHAN through his Legal Heirsi and others — Respondents |
| Primary Law | West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64] |
Q1: What are the key laws and sections cited in 1989SCMR815 (PLP)?
This judgment primarily cites: West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64] as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR815 (PLP)?
The case was heard and decided by the West Pakistan Land Reforms Regulation, 1959 M.L.R. 64-- bench comprising: Nasim Hasan Shah and Ghulam Mujaddid; JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR815 (PLP) (Mian RASOOL SHAH and others — Petitioners Versus FAKHAR-UZ-ZAMAN KHAN through his Legal Heirsi and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Abdur Rashid, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Petitioners.
- Mahmood Hassan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent No.l(i to vii).
- Abdul Hakim Khan, Advocate Supreme Court for Respondent No.2.
- Amir Zaman, Assistant Federal Land Commission for Respondents Nos.9-12.
- Date of hearing: 17th December, 1988.
- Qazi Abdur Rashid, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioners.
- Mahmood Hassan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No.l(i to vii).
- Amir Zaman, Assistant Federal Land Commission for Respondents Nos.9‑12.
Headnotes / Summary
(On appeal from the judgment dated 30-6-1987 of the Peshawar High Court, Circuit Bench, Abbottabad in Writ Petition No.380 of 1978).
Form LC-I1--Constitution of Pakistan (1973), Art.185(3)--Disputed land not permitted to be included in amended Form LC-II--Such land, however, subsequently allowed to be included therein by successor Chief Land Commissioner--Petitioner's contention, that such land was wrongly allowed to be included in Form LC, during proceedings taken in connection with the implementation of those orders, pursuant to a wrong interpretation placed thereon by successor Chief Land Commissioner, appeared prima facie to have force--Petitioners' further submission, that such erroneous order of Chief Land Commissioner having been set aside by Member, Federal Land Commission, had been wrongly interfered with by the High Court, also needed consideration- Leave to appeal was therefore, granted.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The contention of the learned counsel for the petitioners that the predecessor‑in‑interest of the respondents was not permitted to include the area in dispute in the amended Form LC‑II (prescribed under Martial Law Regulation 64 of 1959) by the Land Commission authorities (as is evident from the order of the Land Commissioner, dated 17‑7‑1964 and that of the Chief Land Commissioner, Mr.1.U. Khan, dated 5‑3‑1965), but this was wrongly allowed to be done during the proceedings taken in connection with the A implementation of these orders, pursuant to a wrong interpretation placed thereon by Mr.Abu Nasr ‑ a successor Chief Land Commissioner‑‑in his order dated 17‑10‑1968 appears prima facie to have force. The further submission that the order of Mr. Abdul Qayyum, Member Federal Land Commission dated 12‑6‑1976, who set aside the aforementioned erroneous order of MrAbu Nasr dated 27‑10‑1968 has been wrongly interfered with by the learned Judges of the Peshawar High Court by their impugned judgment, also needs consideration. Leave granted. Security shall be furnished in the sum of Rs.1.0,
000. Meanwhile the impugned judgment of the High Court dated 30‑6‑1987 shall remain suspended and the status quo maintained. A.A./R‑80/S Leave to appeal granted.