FAZAL DIN AND Others vs KHUSHI MUHAMMAD AND Other — 1970 SCMR 70

Citation: 1970 SCMR 70

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: FAZAL DIN AND Others vs KHUSHI MUHAMMAD AND Other

Headnotes

Case cited as 1970 SCMR 70

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: FAZAL DIN AND Others vs KHUSHI MUHAMMAD AND Other Case No.:Civil Petition for Special Leave to Appeal No. 287 of 1967 Writ Petition No. JUDGMENT Reported As: 1970 SCMR 70 (2) Result: Leave refused Judgment JUDGMENT S. A. RAHMAN, J.-On a re-verification of the entitlement of the petitioners, it was found that the land in the possession of the petitioners was in excess of their entitlement.. The excess land was taken away under an order of the Assistant Rehabilita--tion Commissioner (Land). His order was challenged before the superior departmental authorities and the only question raised was, whether he had the jurisdiction to pass such an order. Eventually, the Settlement and Rehabilitation Commis--sioner held that the order in question was with jurisdiction. The petitioners challenged the departmental orders by a petition for a writ in the High Court of West Pakistan but were unsuccessful. This is a petition on their behalf for Special Leave to Appeal. Mr. Almas Ali, on behalf of the petitioners, tried to argue before us that in fact the Assistant Rehabilitation Commissioner (Land) had, no jurisdiction to pass the order that he had. He however, concedes that the Settlement and Rehabilitation Commissioner, the final authority, whose order was impugned before the High Court, had such jurisdiction and he had apparently upheld the action taken in taking away the excess land from the…

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