JHANDA KHAN vs NAWAB DIN AND Other — 1970 SCMR 31

Citation: 1970 SCMR 31

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-13

Parties: JHANDA KHAN vs NAWAB DIN AND Other

Headnotes

Case cited as 1970 SCMR 31

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Yaqub Ali Khan Title: JHANDA KHAN vs NAWAB DIN AND Other Case No.:Civil Petition for Special Leave to Appeal No. 150 of 1967 Writ Petition No. 1586-R of 1962 Date of Judgment:1967-10-13 Reported As: 1970 SCMR 31 Result: Leave granted Judgment ORDER MUHAMMAD YAQUB ALI, J.-Some agricultural land allotted to the petitioner in lieu of his mortgagee rights under the Land Settlement Scheme No. 1 was on account. Of curtailment of his entitlement by the Central Record Office, cancelled by the Rehabilitation authorities. Being aggrieved by the order the petitioner brought the orders of the Rehabilitation authorities before the High Court in writ jurisdiction for quashment on the ground that the Assistant Rehabilitation Commissioner did not have the jurisdiction to review the earlier order of allotment and confirmation of the disputed land in his favour. The learned Judges found that the entitlement of the petitioner was curtailed by the Central Record Office and the Rehabilitation authorities had under the rules implemented their order and as such the question of reviewing the earlier order of allotment and confirmation of the land in favour of the petitioner did not arise in the case. On merits it was found that the petitioner had obtained allotment of land in excess of his entitlement and the same was rightly taken away by the Rehabilitation authorities. The writ petition was accordingly dismissed from…

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