SCMR 1983

1983SCMR 1033 (PLP)

BHUREY KHAN AND OTHERS — Petitioners Versus MUHAMMAD ANWAR AND Others-Respondents

Jurisdiction / Court
High Court
Decided Date
Criminal Petition No. 261 of 1977, decided on 29th March, 1983.
Honorable Judges
Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1983SCMR 1033 (PLP)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Nasim Hasan Shah, JJ
Parties BHUREY KHAN AND OTHERS — Petitioners Versus MUHAMMAD ANWAR AND Others-Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1983SCMR 1033 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1983SCMR 1033 (PLP)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1983SCMR 1033 (PLP) (BHUREY KHAN AND OTHERS — Petitioners Versus MUHAMMAD ANWAR AND Others-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Syed Sajjad Raza Jafari, Advocate Supreme Court and IS. Abid Nawaz advocate-on-Record for Petitioners.
  • Nemo for Respondents.
  • Syed Sajjad Raza Jafari, Advocate Supreme Court and IS. Abid Nawaz advocate‑on‑Record for Petitioners.

Headnotes / Summary

(On appeal from the judgment, dated 10th February, 1977 of the Lahore High Court in Writ Petition No. 1578-R of 1976). -- Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 10-Withdrawal of land--Leave to appeal sought on ground that order of Settlement Commissioner allowing respondents to retain also 288 P. I. Units which were excluded by A. R. C. (L) on ground that A. R. C. (L) while withdrawing said units had no authority to withdraw and said order is being' implemented in manner prejudicial to interest of petitioner-Held: Order of Settlement Commissioner as well as that of High Court being clear, namely that, respondents are to be restored only that area which was cancelled from their names by order of A. R. C. (L) which stands set aside by order of Settlement Commis sioner and that no other area, apart therefrom, is to be taken from petitioners--Leave to appeal refused in circumstances. Data of hearing: 29th-March, 1983

Judgment & Decree

NASIM HASAN SHAH, J.‑The only point worthy of soma consideration wised by, Syed Sajjad Raza Jafari, in support of this petition, directed against the judgment of a learned‑ Single Judge of the Lahore High. Court gassed in Writ Petition No. 1578‑R 0f 1976 is that the order of the Settlement Commissioner, Lahore Division, dated 25‑8‑1976, who allowed the responding to retain also the 288 P. I. Units, which were excluded by the A. R. C. (L) S. D. O., Kasur on the ground that the latter, while withdrawing the said units, had no authority to do so, is being implemented in a manner prejudicial to the interest of the petitioner herein. In this connection, it is claimed that the land allotted to the petitioners consists of not only the land which was withdrawn from the respondents, pursuant to the orbs of the A. R. C. (L)/ A. C. O., Kasur but as also of some other land, not covered by his orders and further that the Settlement authorities, in order to make up the area of 288 P. I. Units in favour of the‑.respondents are even including therein some area, which was not covered by the orders of cancellation passed by the A.. R. C. (L)/A. C. R., Kasur. We would observe that the orders of. the Settlement Commissioner, a well as that of the High Court, are very clear, namely that the respondent are to be restored only that area which was cancelled from their names by In elder of the A. R. C (L)/A. C. O. Kasur and which sods sit aside by order of the Settlement Commissioner, dated 25‑8‑1976 and that no other area, apart therefrom, is to be taken from the petitioners herein. This petition, with the above observations, is dismissed hereby. M. Z. M. Petition dismissed.