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1981 SCMR 970

SAEED AFIMAD KHAN AND Another vs SETTLEMENT COMMISSIONER AND Other

Citation1981 SCMR 970
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 903 of 1975
Date1981-02-10
Judge(s)Maulvi Mushtaq Hussain, Karam Elahi Chauhan
ResultPetition dismissed

ORDER

KARAM ELAHEE CHAUHAN, J. -The petitioners desired transfer of a small area bearing Khasra No. 701 as an agricultural land but having failed at the departmental levels he filed a constitutional petition being W. P. 736-R of 1975 but without any success as the same was dismissed by the High Court vide its order dated 23-7-1975. He has now come up in a petition for special leave to appeal against the same to this Court.

2. The only point argued was that nature of the land comprised in the aforesaid khasra number was agricultural whereas the Settlement and Reha--bilitation Authorities have declared and treated it as a building site. It is well settled that the aforesaid authorities had the jurisdiction to give such a declaration or decision. If this is so, then their order on the subject could' not be held to be without lawful authority and the order of the High Court to interfere with the same in the circumstances cannot be called to be erroneous in any manner.

3. The result is that this petition has no merit and is dismissed hereby.

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