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1983 CLC 2507

GHULAM MUHAMMAD vs SETTLEMENT DEPARTMENT AND OTHERS

Citation1983 CLC 2507
CourtLahore High Court
Case No.Petition No, 787/R of 1972
Date1982-12-17
Judge(s)Abdul Shakurul Salam, Muhammad Aslam Mian
ResultPetition allowed

' ABDUL SHAKURUL SALAM, J.-Petitioners claim to be vendees from one Ghulam Muhammad son of boora, of some land in village Chak Noor Shah, District Jhang.

2. The Additional Settlement Commissioner (Land), Mang was enquiring into the matter and the aforesaid Ghulam Muhammad appeared before him and made a statement that he had never got his claim form transferred from Lahore to Jhang and did not get any allotment in Chak Noor Shah Jhang, nor he had executed any deed in favour of the petitioners. While the case was pending the petitioners applied to the Chief Settlement Commissioner for transfer of the case which was ordered on 21st October, 1972. Nonetheless on 25th October, 1972 the Additional Settlement Commissioner directed Superintendent of Police, Jhang to register a case against the petitioners and case was accordingly registered under sections 419, 420, 468, P. P. C. This petition challenges the order of the Additional Settlement Commissioner dated 25th October, 1972 for registration of a case.

3. The contention is that when the main case pending before the Additional Settlement Commissioner has been ordered to be transferred by the Chief Settlement Commissioner, he had no right to direct registration of a case.

4. Since the case has been transferred away from the Additional Settlement Commissioner by the Chief Settlement Commissioner on 21st October, 1972, the former had no right to pass the impugned order on 25th October, 1972. His order is quashed and the matter shall be re-decided by the Court to which the case has been transferred by the Chief Settlement Commissioner and now the nominated officer by the. Member, Board of Revenue under the repealed Act of XIV of 1975. It is so directed. The petition is allowed with costs.

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