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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AHMAD MUMTAZ and 10 others VS Respondent: SETTLEMENT COMMISSIONER(L) and 5 others
Court Name: Supreme Court of Pakistan Judge(s): Ajmal Mian, Wali Muhammad Khan Title:AHMAD MUMTAZ and 10 others vs SETTLEMENT COMMISSIONER(L) and 5
others Case No.: Civil Petition No, 217(L) of 1993 Date of Judgment:1994-05-04 Reported As: 1995 SCMR 984 Result: Leave refused Judgment ORDER ' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 30-11-1992 of a learned Single Judge of the Lahore High Court in Writ Petition No, 136-R of 1977 filed by the petitioners impugning Chief Settlement Commissioner's Order dated 30-9-1976 whereby he ordered cancellation of the allotment of agricultural land to the extent of 2919 P.I Units on account of excess. The above excess land from the allotment of Faiz Muhammad claimant, predecessor-in- interest of the present petitioners, was ordered to be allotted to respondent No, 2 and others as informer, dismissing the same. The petitioners have, therefore, filed present petition for leave to appeal. 2. In support of the above petition Choudhry Khurshid Ahmad, learned Advocate Supreme Court appearing for the petitioners, has vehemently contended that the arithmetical calculation has wrongly been made by the department. In our view the learned Judge in Chambers has thoroughly dealt with the above aspect in the impugned judgment and, therefore, no exception can A be taken. Even otherwise arithmetical calculation made for the purpose of computing the entitlement of Faiz Muhammad cannot be done in exercise of Constitutional jurisdiction. 3. Leave is refused. However, it will be open to the petitioners to point out any arithmetical mistake in calculation of the Department and not any other alleged mistake on merits of the case including as to type of land allotted etc.