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Petitioner: UMAR HAYAT KHAN And Others VS Respondent: GUL KHAN And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: UMAR HAYAT KHAN And Others vs GUL KHAN And Other Case No.: Civil Petition No. 842 of 1976 Date of Judgment:1984-05-28 Reported As: 1985 SCMR 902 Result: Petition dismissed
Judgment ORDER NASIM HASAN SHAH, J.--The question as to whether the certificate issued by the "Additional" Commissioner to the effect that the sale of the property in dispute exempt from the operation of the law of pre-emption, could be deemed to be certificate issued by the Commissioner. 2. It has been held by the High Court that the definition of Commissioner given in section 2(17) of the General Clauses Act, 1956 includes the Additional Commissioner and, therefore, the latter had the authority to issue the requisite certificate. 3.A perusal of the definition of 'Commissioner' in subsection (17) of section 2, which is to the effect:- "(17) Commissioner shall mean the Chief Officer of the Revenue and General Administrator of a Division and shall include an Additional Commissioner such division." clearly shows that the view taken by the High Court that the Additional Commissioner (Revenue), who issued the requisite certificate in such case, would be deemed to be the Commissioner in the relevant regard, is quite correct. This petition therefore, fails and is dismissed hereby.