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Petitioner: MANZOOR HUSSAIN VS Respondent: SETTLEMENT COMMISSIONER
1996 S C M R 1971
1996 S C M R 1971
[Supreme Court of Pakistan]
Present: Ajmal Mian and Fatal Karim, JJ
MANZOOR HUSSAIN and others‑‑‑Petitioners
versus
SETTLEMENT COMMISSIONER and others‑‑‑Respondents
Civil Petition for Leave to Appeal No. 1098/L of 1993. decided on 10th January, 1995.
(On appeal from the judgment dated 28‑7‑1991 of the High Court, Lahore, passed in Writ Petition No.64‑R of 1978).
Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑
‑‑‑‑Ss. 10 & 11‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Allotment of evacuee land‑‑‑Two rival claimants‑‑‑Chief Settlement Commissioner holding respondent as senior sitting allottee of land in question, having preferential right dismissed allotment in favour of petitioner‑‑‑Petitioner's Constitutional petition was dismissed by High Court against order of Settlement Authority‑‑Validity‑‑ Leave to appeal was granted to consider whether Board of Revenue exercising powers of Chief Settlement Commissioner was justified in canceling allotment to favour of predecessor of petitioner on the ground that respondent was prior/senior allottee.
Ch. Qamaruddin Khan Meo, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 10th January, 1995.
ORDER
AJMAL MIAN, J.‑‑‑This is a petition for leave to appeal against the judgment dated 28‑7‑1991 passed by a learned Single .fudge of the Lahore High Court in Writ Petition No.64‑R of 1978 filed by the petitioners against the order dated 24‑10‑1977 of the learned Settlement Commissioner (Land), Lahore, whereby respondent No.2, Hafiz Muhammad Ali's appeal was treated as a revision and was accepted, dismissing the same.
2. The brief facts are that land measuring 17 Kanals 4 Marlas bearing Khasra Nos. 176, 196 and 204 was allotted in the name of Abdul Ghani against RL‑II, Khata No. I in village Gulley Wali, Tehsil Pasroor, District Sialkot, on 6‑3‑1973. The latter sold the same to Barkat Ali, predecessor‑in‑interest of the present petitioners, on 16‑3‑1973 for a consideration of Rs.6,000 against Mutation No.470. Against the above allotment, respondent No.2 filed aforesaid appeal, which was treated as a revision, and the learned Settlement Commissioner exercising the powers of the Chief Settlement Commissioner, through the impugned order, held that respondent No.2 was senior sitting allottee of the above land and, therefore, had preferential right. He, accordingly, cancelled the allotment in favour of Abdul Ghani and allotted the land to respondent No.2 by his above order dated 24‑10‑1977. The petitioners filed the aforesaid writ petition without success. They have, therefore, filed the present petition for leave to appeal.
3. In support of the above petition, Ch. Qamaruddin Khan Meo, learned Advocate‑on‑Record appearing for the petitioners, has vehemently contended that factually respondent No.2 was not an earlier allottee of the suit land as held by the Member, Board of Revenue. In support of his above contention, he has invited our attention to a copy of the order dated 13‑7‑1977 passed by the Settlement Commissioner/Chief Settlement Commissioner, Punjab, Lahore, in Revision No.256‑S.C. (L) filed by Hafiz Muhammad Ali son of Maula Bakhsh i.e. respondent No.2 against one Imam Din son of Mian Bakhsh, wherein it has been clearly held that respondent No.2 did not hold any allotment in village Gulley Wali, Tehsil Pasroor, District Sialkot. His further submission is that the above finding recorded by the learned Member, Board of Revenue, is based on no evidence.
4. We are inclined to grant leave to consider the question, whether the learned Member, Board of Revenue, was justified in canceling the allotment in favour of Abdul Ghani on the ground found favour with him. Leave is, accordingly, granted.
A.A./M‑2230/S Leave granted.