1982 PLP 1162 (SCMR)
INAYATULLAH‑Petitioner Versus ADDITIONAL DEPUTY COMMISSIONER AND OTHERS Respondents
| Citation | 1982 PLP 1162 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Karam Elahee Chauhan and Nasim Hasan Shah, JJ |
| Parties | INAYATULLAH‑Petitioner Versus ADDITIONAL DEPUTY COMMISSIONER AND OTHERS Respondents |
Q1: What are the key laws and sections cited in 1982 PLP 1162 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 PLP 1162 (SCMR)?
The case was heard and decided by the High Court bench comprising: Karam Elahee Chauhan and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 1162 (SCMR) (INAYATULLAH‑Petitioner Versus ADDITIONAL DEPUTY COMMISSIONER AND OTHERS Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Aziz Qureshi, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
- Muhammad Abdullah, Advocate Supreme Court S. Wajid Hussain, Advocate‑on‑Record for Respondents,
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, dated 30‑6‑1979, in W. P. 562‑R/74). (a) Displaced Persons (Land Settlement) Act (XLVII of 1958)‑
Ss. 10 & 11‑Cancellation of allotment‑Allotment cancelled about 24 years back but petitioner challenging such order only after 24 years‑Order of cancellation, held, cannot be taken exception to at' such late stage. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)‑
S. 16‑Both parties Jammu & Kashmir refugees‑Contention that land should have been allotted to petitioner he being a refugee from Jammu & Kashmir, held, unfounded‑Even otherwise order of High Court well reasoned and supported by relevant record and law appli cable‑Leave to appeal refused‑Constitution of Pakistan (1973), Art.185 (3).
Judgment & Decree
KARAM ELAHEE CHAUHAN, J ‑It is not necessary to go into the lengthy details of the stages through which this case passed and it will be sufficient for our purpose to mention that‑ the‑petitioner claims the land in dispute as being a family member of his maternal‑father (Muhammad Boota), to whom this land was allotted allegedly for his` ownself as well as for the petitioner. Having failed at the departmental level the petitioner ultimately filed a constitutional petition being W. P. 562‑R/74 but without any success as it was dismissed by the High Court on 30‑6‑1979. The petitioner has come up in a petition for special leave to appeal against the aforesaid order to this Court.
2. We have heard the learned counsel at some length and also go through the paper book. The High Court has found that the allotment aforesaid was cancelled as far back as 2‑2‑1957 and as the petitioner never challenged that order, it was too late in the day to take exception to the same at such a late stage. Learned counsel submitted that in fact their was no such order dated 2‑2‑1957, and in this context be was not called upon to challenge an order which according to high existed nowhere. This pie was attended by the High Court and was repelled with reference to the attending evidence and it was held that such an order was in fact passed and the failure of the petitioner to challenge it cannot be ignored due to the type of the excuse put forward by him. Learned counsel then tried to argue that such a land could only be given to a Jammu & Kashmir refugee, and as such should have been given to him as be is a Jammu & Kashmir refugee. It was, however, conceded that the respondent is also a Jammu & Kashmir refugee and apart form the fact, that this point was not raised in the High Court in this form, even otherwise, it could not clothe the petitioner with an preference against the respondent. The order of the High Court in our opinion is well reasoned, well supported by the relevant record and the law applicable In these circumstances, the present petition has no merit and is dismissed hereby. Petition dismissed.