Pakistan Case Law← Search
1971 SCMR 481

Syed ABDUS SALAM vs THE WEST PAKISTAN PROVINCE (THROUGH COLLECTOR,

Citation1971 SCMR 481
CourtSupreme Court of Pakistan
Judge(s)Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan
ResultLeave refused

1. SAJJAD AHMAD, J.-The khata in dispute was confirmed in the name of the petitioner, and an appeal was preferred against this confirmation by respondents 4 to S, which was rejected by the A.

2. D. C., Lyallpur, on the 7th of September 1963.

3. However, on the 2nd of July 1965, the Chairman, Allotment Committee, exercising his powers as the Deputy Settlement Commissioner, Lands, cancelled this khata from the allotment of the petitioner, and made it over to respondents Nos. 2 and 3 by the following order :- "According to the report of the patwari, the claim form has been inspected. The entire Fard Haqiat has been cancelled from the Central Record Room. The right-holder is not entitled to obtain any area in lieu thereof. The confirmed area of this khata is being cancelled, as the right-holder is not entitled to get any area. The khata is cancelled."

4. The petitioner challenged this order in civil Court at Lyallpur to obtain a declaration that this order is illegal and without jurisdic--tion. The suit was dismissed by the trial Court, and so were the appeal and the revision brought before the District Judge and the High Court respectively, leading to this petition for special leave to appeal.

5. As the petitioner was left with no entitlement after the cancellation of the Fard-e-Haqiat from the Central Record Office, no exception can be taken to the order of the Deputy Settlement Commissioner. In any case, the petitioner has misconceived his remedy by taking the matter to the civil Court instead of availing of his remedies of appeal and revision to the Settlement authorities, as provided by the Land Settlement Act. The jurisdiction of the civil Courts in such matters is expressly barred by the provisions of section 22 read with section 25 of the Land Settlement Act.

6. This petition is dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search