MUHAMMAD HANIF AND Others vs SETTLEMENT COMMISSIONER, SARGODHA — 1970 SCMR 672

Citation: 1970 SCMR 672

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-07

Parties: MUHAMMAD HANIF AND Others vs SETTLEMENT COMMISSIONER, SARGODHA AND Other

Headnotes

Case cited as 1970 SCMR 672

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title:MUHAMMAD HANIF AND Others vs SETTLEMENT COMMISSIONER, SARGODHA AND Other Case No.: Civil Petition for Special Leave to Appeal No. 21 of 1970 Date of Judgment:1970-05-07 Reported As: 1970 SCMR 672 Result: N/A Judgment ORDER HAMOODUR RAHMAN, C. J.-In this matter leave was granted on the 4th of March 1970, to consider the validity of an order passed by the Settlement Commissioner in revision, whereby transfer of certain lands in favour of the petitioners was set aside and a fresh division was ordered. The contention raised in the petition for special leave was that the Settlement Commissioner had no jurisdiction to alter the orders of transfer in demarcation proceedings. It was also contended that the Settlement Commissioner had excluded one of the petitioners under a complete misconception. In these circumstances, it is obvious that the petitioners should also have prayed for an order to maintain the status quo during the pendency of the appeal in this Court. This was not done then, but now au application has been moved on the ground that the Settlement Department is threatening to give effect to the impugned order of the Settlement Commissioner. This is a fit case in which the status quo should, in our opinion, be maintained. We, accordingly, direct that during the pendency of the appeal in this Court the order of fresh division passed by the Settlement Commissioner in revision should not…

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