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Petitioner: Mst. AKBAR JAN Through Legal Heirs VS Respondent: DEPUTY SETTLEMENT COMMISSIONER And Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadeer Chaudhry, Shafi-ur-Rehman, Rustam S. Sidhwa Title:Mst. AKBAR JAN Through Legal Heirs vs DEPUTY SETTLEMENT COMMISSIONER
And Other Case No.: Civil Petition for Leave to Appeal No.44-R of 1990 Date of Judgment:1991-03-04 Reported As: 1991 SCMR 1673 Result: Leave granted Judgment ORDER RUSTUM. S. SIDHWA, J.---This is a petition by the legal heirs of the late Mst. Akbar Jan, petitioners seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 20th December 1989. 2. Arguments heard. 3. Leave is granted to consider the following questions:-- (1) Where the Deputy Settlement Commissioner/Additional Settlement Commissioner, Abbottabad, has passed an order in the case that if auction price is not deposited within the stipulated period, the property would stand resumed, the Deputy Settlement Commissioner, Abbottabad, still retains the power to extend the period for deposit of the auction price? (2) Where the Notified Officer passes an order under subsection (3) of section 2 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, is there any appeal, revision or review available against his order? ' (3) If the property stands resumed by the order of the Notified Officer, whether it becomes available and has to be disposed of under the Scheme known as North-West Frontier Province Disposal of Urban Evacuee Property Scheme-I of 1976? 4. The Petitioners shall furnish security in the sum of Rs.2,500. The appeal shall be heard on the basis of the present record. The parties are at liberty to file such further documents as they consider necessary and proper for the full and final disposal of the appeal.