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Petitioner: MUHAMMAD RAFT Etc. VS Respondent: ADDITIONAL COMMISSIONER (REV.), SARGODHA ETC.S
Court Name: Supreme Court of Pakistan Judge(s): Karam Elahi Chauhan, Abdul Qadir Sheikh Title:MUHAMMAD RAFT Etc. vs ADDITIONAL COMMISSIONER (REV.), SARGODHA
ETC.S Case No.:Civil Petition for Special Leave to Appeal No. 419 of 1975 Petition No. 2823 of 1979 Date of Judgment:1980-11-24 Reported As: 1981 SCMR 1181 Result: Petition dismissed Judgment ORDER ABDUL KADIR SHAIKH, J.-This is a petition for special leave to appeal from the judgment of Lahore High Court dated 28-5-1979 dismissing Writ Petition No. 2823 of 1975 filed by the petitioners. By the Writ Petition, the petitioners sought to challenge the order of the Additional Commissioner (Revenue), Sargodha dated 22-5-1979 whereby he allowed revision application of the respondents Nos. 2 to 5 and directed the Assistant Commissioner/Collector to decide the ejectment suit between the parties, afresh, according to law. The High Court noticed the fact that Assistant Collector Grade 1 Sargodha had decided the case before him after the maximum period o 60 days prescribed in this behalf, and according to rule 4 (5) of the Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977 the case, on the expiry of 60 days stood automatically transferred to the file of the Assistant Commissioner/Collector and consequently, the order of the Assistant, Collector be, without jurisdiction, the case is deemed to be pending before Assistant's Commissioner and this was indeed the effect of the order impugned before the High Court. The legal position pointed out by the High Court that must prevail o the facts of this case is unassailable; the learned counsel for the petitioners to the contrary pointed indeed nothing out to us. There is, therefore, no merit in this petition and it is dismissed in limine,