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1983 SCMR 480

DIN MUHAMMAD vs SETTLEMENT COMMISSIONER (I), SARGODHA DIVISION,

Citation1983 SCMR 480
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 311 of 1976 Writ Petition No. 137-R of 1975
Date1983-01-29
Judge(s)Nasim Hasan Shah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

NASIM HASAN SHAH, J.-The petitioner, who is a displaced person was allotted agricultural land measuring 5 kanals 2 marlas (equivalent to 35 P. I. Units) in accordance with his entitlement. He was earlier holding an area equivalent to 72 P.

1. Units, out of which 37 P.

1. Units were cancelled, being in excess of his entitlement. His plea before us is that be was entitled to purchase the excess area under the existing instructions.

This question was considered by the learned Settlement and Rehabilitation Commissioner, who, in his order dated 23-12-1974, observed that since the land in excess had already been allotted to respondent No. 5, a temporary allottee, on his verified claim it was not advisable that the allotment already made in his favour should be disturbed at this stage. The High Court refused to interfere with the order of the Settlement and Rehabilitation Commissioner and we consider quite rightly because the order passed by him was a just, equitable and fair order.

There is, therefore, no force in this petition which is, accordingly, dismissed hereby.

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