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Petitioner: ATTA MUHAMMAD VS Respondent: KHADIJA BEGUM AND 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: ATTA MUHAMMAD vs KHADIJA BEGUM AND 5 Other Case No.:Civil Petition for Special Leave to Appeal No. 242 of 1967 Writ Petition No.
JUDGMENT
Reported As: 1970 SCMR 24 Result: Leave refused Judgment JUDGMENT FAZLE-AKBAR, J.-The dispute in this case is with respect to House No. B-I-S-3-8, Mandi Chuharkana, District Sheikhupura. On 10-10-54, this house was transferred to Khadija Begum on her C. H. Form. Later, by mistake, this house was included in the earmarking list and thereafter it was drawn by lots in the name of the petitioner Atta Muhammad on 25-5-60 and a P. T. O. Was issued in his favour on 31-10-60. When the said fact was brought to the notice of the Deputy Settlement Commis--sioner, he, while canceling the lot drawn in favour of Atta Muhammad, directed that the latter should be allowed "choice to earmark some other house in the list of auction" and his order was upheld in appeal and on revision. The High Court also declined to interfere with the order of the Settlement authorities in its writ jurisdiction. The learned counsel has found it difficult to challenge the legality and propriety of the order of the Settlement authorities. It will suffice to say that as the property had already been transferred to Mst. Khadija Begum the same should not have been put in the earmarking list. The High Court has, therefore, rightly declined to interfere with the order of the Settlement Department. This petition is accordingly dismissed.
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