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Petitioner: MUHABBAT ALI VS Respondent: SETTLEMENT AND REHABILITATION COMMISSIONER, BAHAWALPUR DIVISION, BAHAWALPUR and others
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Shafi-ur-Rehman Title:MUHABBAT ALI vs SETTLEMENT AND REHABILITATION COMMISSIONER,
BAHAWALPUR DIVISION, BAHAWALPUR and others Case No.: Civil Petition No,472 of 1979 Writ Petition No,96-R of 1979 Date of Judgment:1983-04-12 Reported As: 1984 SCMR 1388 Result: Leave refused Judgment ORDER ' NASIM HASAN SHAH, J.-- The petitioner challenged the propriety and legality of the allotment made in favour of All Muhammad (now dead and represented by his legal representatives) on the grounds, inter-alia, that he had a preferential claim to the allotment by filing an appeal and revision before the Settlement authorities. Having failed therein he, after some time, challenged the allotment through a Mukhbari application under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, urging a different ground for challenging the allotment in his favour. Here too, he was unsuccessful. His Writ Petition even having failed hence this petition. This petition is liable to dismissal on the short ground that having failed to shake the allotment made in favour of the respondents by resort to the normal remedy of appeal and revision, he could not be permitted to re-agitate the same matter, by invoking another provision of law and changing his ground of attack. Dismissed.