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Petitioner: CHIEF SETTLEMENT COMMISSIONER and others VS Respondent: MUHAMMAD YAMIN and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title:CHIEF SETTLEMENT COMMISSIONER and others vs MUHAMMAD YAMIN and
others Case No.: Civil Petition No, 689 of 1981 Date of Judgment:1988-07-13 Reported As: 1989 SCMR 1761 Result: Petition dismissed Judgment ORDER ' GHULAM MUJADDID, J.--Chief Settlement Commissioner; The Secretary (Urban) to the M.B.R. (S & R) Wing Punjab, Lahore and Member Board of Revenue (Settlement and Rehabilitation Wing) Lahore, have impugned the judgment of Lahore High Court dated 8-3-1981. The High Court by means of the impugned judgment accepted the Constitution Petition filed by Muhammad Yamin and others and held that the order of the Deputy Secretary (Urban) dated 20-7-1977 was without lawful authority. ' The Deputy Secretary (Urban) had directed that the portion on top of Property No,S-III-3-S-2, situated at Kabir Street, Urdu Bazar, Lahore, was available and that was to be disposed of under the new scheme. Learned counsel for the petitioners contended that the High Court did not properly appreciate the correct legal and factual position. The legal position was that the Settlement Authorities had the necessary jurisdiction to dispose of any residual property whereas the factual position was that only one shop had been transferred to the respondents. ' This aspect was duly considered by the High Court and the contention was repelled. The reasons given by the High Court call for no interference. ' This petition has no merits. Dismissed.
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