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2005 YLR 1673

HAKIM ALI vs COMMISSIONER, BAHAWALPUR DIVISION, BAHAWALPUR and

Petitioner: HAKIM ALI VS Respondent: COMMISSIONER, BAHAWALPUR DIVISION, BAHAWALPUR and others

Court: Lahore High Court Decision Date: 2004-11-29

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja Title:HAKIM ALI vs COMMISSIONER, BAHAWALPUR DIVISION, BAHAWALPUR and

others Case No.: Writ Petition No.2310/BWP of 1994 Date of Judgment:2004-11-29 Reported As: 2005 YLR 1673 Result: Petition dismissed Judgment ORDER ' The petitioner impugns the order passed by the Commissioner, Bahawalpur Division dated 14-9- 1994. The facts of the case have been fully noted in the impugned order and need not be reproduced in extenso. It is not in dispute that the petitioner's claim in its entirety was satisfied through adjustment of 17 Kanals. He applied for allotment of 9 Kanals, 16 Marlas which was in excess of his claim. This application was moved on the basis that the petitioner had been in cultivating possession of this excess land. According to the notification of the Board of Revenue dated 16-5-1973 the aforesaid land was a building site and was to be disposed of in accordance with section 16 of the Displaced Persons (Land Settlement) Act, 1958. 2. As per the aforesaid law an open auction was held wherein the private respondents were successful bidders and the land was sold to them through a conveyance deed followed by a mutation. 3. The impugned order dated 14-4-1994 is in accordance with law. Furthermore, learned counsel for the petitioner was unable to advert to any such jurisdictional error or legal infirmity in the impugned order which would require interference therein while exercising Constitutional jurisdiction. In the circumstances, this Constitutional petition is dismissed.

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