1984 PLP 156 (SCMR)
MUHAMMAD YOUSAF AND OTHERS-Petitioners Versus SETTLEMENT ORGANIZATION AND OTHERS-Respondents
| Citation | 1984 PLP 156 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and M.S.H. Quraishi, JJ |
| Parties | MUHAMMAD YOUSAF AND OTHERS-Petitioners Versus SETTLEMENT ORGANIZATION AND OTHERS-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1984 PLP 156 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 156 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 156 (SCMR) (MUHAMMAD YOUSAF AND OTHERS-Petitioners Versus SETTLEMENT ORGANIZATION AND OTHERS-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zia Mahmood Mirza, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioners.
- Shahzad Jahangir, Advocate Supreme Court for Respondent No. 1.
- Date of hearing: 15th Augu6t, 1983.
- Zia Mahmood Mirza, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 1st April, 1980 in W. P. 416-R/77).
. Art. 185(3) - Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 10 - Allotment of land to respondent as Jammu & Kashmir refugee under relevant scheme as maintenance holder with condition that land could not be allotted to any other claim-holder Conviction of respondent in a murder case and sentence for 10 years deprived him of allotment because in his absence land was allotted to petitioner against claim without knowledge to respondent-Respondent challenging allotment to petitioner and succeeding with Settlement Authorities-Petitioner seeking relief from High Court in its writ jurisdiction against order of Settlement Commissioner on grounds of delayed challenge but failed-Held, petition was rightly repelled in circumstances-Leave to appeal refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑Petition arises out of a land settlement case. Rehmat Ali respondent was allottee of the disputed land as Jammu and Kashmir refugee, under the relevant Rehabilitation and Settlement Scheme, as a maintenance holders. It was the condition of this allotment under the Scheme that the land could not be allotted to any other claim holder. Nevertheless on Rehmat All's conviction and incarceration in jail in a murder case for 10 years deprived him of the allotment because in his absence the land was allotted to the predecessor‑in‑interest of the petitioners against a claim without the knowledge and notice to him. On release from jail respondent No. 2, challenged the said second allotment and succeeded with the Settlement Authorities. The petitioners sought relief from the High Court in its writ jurisdiction but failed. They have sought leave to appeal. Learned counsel repeated the same main argument which was considered by High Court namely of delayed challenge by the respondent No. 2, in the circumstances of the case it was rightly repelled on facts stated above. He then argued that the reservation of Jammu and Kashmir refugees' rights regarding Guzara land in the Scheme was without statutory support but failed to advance any cogent reason. It is not a fit case for grant of leave to appeal which is refused. M. Z. M. Leave refused.