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1983 CLC 2518

FAKHAR-UD-DIN vs ASSISTANT COMMISSIONER AND OTHERS

Citation1983 CLC 2518
CourtLahore High Court
Case No.Writ Petition No, 642 of 1974
Date1983-01-05
Judge(s)Abdul Shakurul Salam, Muhammad Aslam Mian
ResultPetition accept

1. ' ABDUL SHAKURUL SALAM, J.-This order will dispose of W. P. Nos. 642/74, 285-R/79 and 199-R/81.

2. The petitioner is a displaced person and on the basis of his verified claim was allotted 96 Kanals 15 Marlas of land at R. L. II No, 343 of village Amer Sidhu Tehsil and District Lahore by the Urban Allotment Committee on 26th April, 1961. He has also been allotted land measuring 122 Kanals 19 Marlas at R. L. H No, 93 of village Charar by the Additional Settlement Commissioner (Land) on 26th April, 1'962. On 14th April, 1974, Assistant Commissioner (Sadar) Lahore directed registration of a case against the various persons including petitioner on the allegation that the allotments were bogus. This is challenged by the first petition. In the second petition the order challenged is that of Additional Settlement Commissioner (Land) dated 16th October, 1977 by which the aforesaid allotments were cancelled under sections 10 and 11 of the Displaced Persons (Land Settlement) Act of 1958. In the third petition the order of the Additional Settlement Commissioner dated 6th March, 1978 has been challenged by which the allotment in Khata No, 343 aforesaid has again been cancelled.

3. In view of Malik Ghulam Ahmad v. Haji Muhammad Yousaf and others, registration and investigation of the case cannot be interfered with Therefore the first petition is dismissed with costs.

4. ' On the mukhbari applications in the next two petitions orders have been passed in the absence of the petitioner. No notice appears to have been issued to the petitioner in the estate where he held the land. He being a claimant displaced person of 20 years standing was entitled to be heard.

5. Reliance may be placed on Chief Commissioner, Karachi v. Mrs Dina Sohrab Katrak. Therefore, the two petitions are accepted and case remanded to the Member, Board of Revenue for entrustment1 2 to a notified officer for proceeding in accordance with law. The petitioner shall have his costs in the last two petitions to be borne by the Settlement Department. PLD 1976 SC 271 PLD 1959 SC (Pak.) 45

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