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Petitioner: Syed RAHIM SHAH VS Respondent: SAEED AKHTAR ETC.S
Court Name: Supreme Court of Pakistan Judge(s): Sheikh Anwarul Haq, Muhammad Afzal Zullah, Muhammad Haleem Title: Syed RAHIM SHAH vs SAEED AKHTAR ETC.S Case No.: Criminal Miscellaneous No. 78-R of 1977 Date of Judgment:1980-02-11 Reported As: 1981 SCMR 44 Result: Application dismissed
Judgment ORDER ANWARUL HAQ, C. J: This miscellaneous application seeks action by way of contempt against the respondents, who are all officials of the Revenue Department in Mansehra District, on the ground that they have failed to apply the law declared by this Court in the case reported as Sajawal Shah v. Syed Rahim Shah (PLD 1975 SC 325), in regard to the allocation of the amount of compensation payable to the different categories of owners in respect of trees grown on the village Shamilat. It is alleged that at one stage these officials had made correct directions for the distribution of the Malikana, but later on these direc--tions were changed, constituting a departure from the decision of this Court mentioned above. The application is altogether misconceived, as the petitioners have file a civil suit in the Court of the Senior Civil Judge, Mansehra, for the proper application of the law as declared by this Court in the aforesaid judgment, which, in any case, did not concern the amount of compensation, which form the subject-matter of the present application. If the Revenue authorities failed to act in accordance with the correct legal position obtaining in the matter, the petitioners have legal remedies open to them, and, therefore, no question of taking action by way of contempt would arise in such a case. The application is, accordingly, dismissed.
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