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Citation: 1970 SCMR 473
Court: Supreme Court of Pakistan
Year: 1969
Decision Date: 1969-12-31
Case cited as 1970 SCMR 473
Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Amir-Ud- JUDGMENT Reported As: 1970 SCMR 473 Result: Appeal dismissed Judgment JUDGMENT CORNELIUS, J.-The appellant in this case describes himself as Nawab Mirza Muhammad Bakhatyar, Zamindar of Mughalpura Estate in village Hamidnagar in Rampur State in the United Provinces of India. By an order dated the 6th August 1954, the Rehabilitation Commissioner (General), Punjab (Mr. S. S. Jafri) confirmed the finding of a Deputy Rehabilitation Commissioner that the appellant is not a refugee, and at the same time confirmed certain action taken by the Rehabilitation Department to eject the Appellant from a house in Lahore which had been allotted to him as a refugee. Under Mr. Jafri's direction, the Rehabilitation Commissioner (Lands) made a consequential order cancelling the allotment of certain lands and a garden which had stood in the appellant's name. The case comes before us as an appeal by special leave from an order of a Division Bench of the High Court summarily dismissing the appellant's petition for a writ to quash the order of the 6th August 1954 and the consequential order affecting the land and garden. The main grounds upon which this relief was sought were firstly, that the order was made mala fide since the Rehabilitation Commissioner (General), Mr. Jafri, had "manoeu--vred" the making of the order and had a personal interest based on hostility, against the…
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