1985 PLP 874 (SCMR)
MUHAMMAD SIDDIQI‑‑Petitioner Versus Sh. IQBAL BAKHSH and others‑‑Respondents
| Citation | 1985 PLP 874 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Shafiur Rahman, JJ |
| Parties | MUHAMMAD SIDDIQI‑‑Petitioner Versus Sh. IQBAL BAKHSH and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1985 PLP 874 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 874 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 874 (SCMR) (MUHAMMAD SIDDIQI‑‑Petitioner Versus Sh. IQBAL BAKHSH and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Siddique, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Petitioner.
- Ch. Ghulam Murtaza, Advocate‑on‑Record and Ch. Aziz Ahmad Bajwa, Advocate Supreme Court for Respondent No.1.
- Date of hearing: 10th October, 1984.
Headnotes / Summary
‑‑Art. 185(3)‑‑Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10‑‑Transfer of property‑‑Petitioner having failed up to Supreme Court, sought transfer on ground that entire portion in his possession was not auctioned and left out portion be transferred to him‑‑Question about transfer, auction and eligibility of petitioner having already been decided, his Constitutional petition was rejected‑‑Leave to appeal refused by Supreme Court. Muhammad Siddiq v. Settlement Commissioner etc. 1974 S C M R 87 ref.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑Petitioner's claim to the transfer of the property in dispute came up before this Court in the first round of litigation in the case reported as Muhammad Siddiq v. Settlement Commissioner etc. S C M R
87. According to the impugned judgment of the High Court, petitioner did not lose heart and filed an application before the Deputy Settlement Commissioner that the entire portion in his possession had not been auctioned, and that the left out portion be transferred in his favour under Settlement Scheme No. VIII. This claim was examined and rejected by the Settlement Authorities and also by Lahore High Court in Constitutional jurisdiction. Petitioner now seeks leave to appeal. We have gone through the record of the case in the light of the submission made by the learned counsel for the petitioner. We find that the High Court has very rightly taken the view that the earlier judgment of this Court "has quite clearly decided (questions) about the transfer, auction and eligibility of Muhammad Siddiq (petitioner herein)". No exception can be taken with the view that has prevailed in the High Court. The petition is dismissed. M. I. Petition dismissed.