Khawaja GHULAM QADAR vs DEPUTY COMMISSIONER, HAZARA, ABBOTTABAD — 1972 SCMR 623

Citation: 1972 SCMR 623

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Khawaja GHULAM QADAR vs DEPUTY COMMISSIONER, HAZARA, ABBOTTABAD JUDGMENT

Headnotes

Case cited as 1972 SCMR 623

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title:Khawaja GHULAM QADAR vs DEPUTY COMMISSIONER, HAZARA, ABBOTTABAD JUDGMENT Reported As: 1972 SCMR 623 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner herein went up to the Peshawar High Court in revision under section 21 of the Displaced Persons (Land Settlement) Act, 1958, against an order of the Chief Settlement Commissioner, Hazara, dated the 22nd of March 1970, by which lands allotted to the petitioner to the extent of 3452 units were canceled under section 10 of the afore--mentioned Act. When this petition came up for hearing before the High Court, the learned counsel appearing for the petitioner there stated that he hid no instructions from his client who was not present in Court. The matter was, therefore, adjourned and fresh sum--mons were directed to be issued to the petitioner personally. He was duly served, but neither he nor his counsel appeared on the appointed date. The High Court took the -view that, since the petitioner had appeared before the Deputy Commissioner/ Additional Settlement Commissioner (Lands) and made a statement that the excess area be cancelled, he was deliberately adopting delaying; tactics to hold up the disposal of the revision Petition. The petition was accordingly dismissed for non-prosecution on the 13th of January 1971 . The petitioner filed an application for restoration. This came up for hearing on the 2nd of March…

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