ATA ELAHI AND Others RAHIM BAKHSH AND Others vs MUHAMMAD SHAFT AND — 1972 SCMR 532

Citation: 1972 SCMR 532

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: ATA ELAHI AND Others RAHIM BAKHSH AND Others vs MUHAMMAD SHAFT AND JUDGMENT

Headnotes

Case cited as 1972 SCMR 532

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title:ATA ELAHI AND Others RAHIM BAKHSH AND Others vs MUHAMMAD SHAFT AND JUDGMENT Reported As: 1972 SCMR 532 Result: Petitions dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-These two petitions have been heard together as they concern the same subject-matter and they are being disposed of under one order. Petition No. 271 of 1972 is from the order of a learned Single Judge of the Lahore High Court dismissing tile petitioners' Writ Petition No. 117/1 of 1966. This Constitution Petition was directed against the order of the Settlement Commissioner, dated the 29th December 1965, passed in revision. By this order, the Settlement Commissioner upheld the order of the Deputy Rehabilitation Commissioner (Lauds), dated the 25 ' October 1963, allotting Killas Nos. 8, 12/2 to 19 of Square No. 20 situated in Chak No. 285/ J. B. To the respondents. The Settle--ment Commissioner observed that the order, dated the 25 October 1963, was passed by the Deputy Settlement Commissioner as delegatee of the Chief Settlement Commissioner under section 10 of the Displaced Persons (Land Settlement) Act, which could not be challenged before any other Settlement Authority and that the petitioners has failed to prove their entitlement to retain the resumed area. The learned Single Judge while disposing of this writ petition observed that in view of the finding of the Settlement Commissioner that the order of the…

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