Abdul Hafiz vs The Rehabilitation Commissioner — 1968 SCMR 1293

Citation: 1968 SCMR 1293

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1968 SCMR 1293

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: PLD 1972 Supreme Court 307 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These three appeals were heard together as they raised a common question of law and were disposed of by a single judgment by the former High Court of West Pakistan, Lahore, in Writ Petitions Nos. 19,104 and 173 of 1957 under Article 170 of the Constitution of 1956. These three Constitutional petitions were originally heard along with another Constitutional Petition No. 103 of 1957 as they were all filed in the High Court for challenging an omnibus order made by the Rehabilitation Commissioner, West Pakistan, on the 11th of November 1956, whereby allotments of lands in some fourteen Chaks of Tehsil Pakpattan were cancelled and a general revision of the allotments ordered. A Division Bench of the former High Court of West Pakistan, by its judgment and order of the 15th November 1957, held that the impugned order of the Rehabilitation Commissioner could not be said to have been made in the exercise of the powers given to him under subsection (1) of section 7 of Ordinance No. XVII of 1956 as he neither purported to act in exercise of that power nor did that subsection contemplate the making of such a "special order" as would have the effect of setting aside a multitude of orders which had become final in respect of the allotments already made, by virtue of section…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.