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1985 SCMR 1503(2)

Capt. AZMAT HAYAT KHAN And Others vs YOUSAF MASIH And Other

Citation1985 SCMR 1503(2)
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 933 of 1975 Writ Petition No. 776-R of 1969
Date1984-05-29
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain
ResultLeave granted

ORDER

1. NASIM HASAN SHAH, J.--The High Court accepted a writ petition directed against the order, dated 17-7-1969 passed by the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner, Sargodha, dismissing the revision under section 11 of the Displaced Persons (Land Settlement) Act, 1958, lodged before him on 3-4-1968. Whereby the order of the allotment made in 1960 in favour of the petitioners was challenged, as being not maintainable. While so doing, the High Court did not at all advert to the finding of the Chief Settlement Commissioner, on which he had dismissed the petition under section 11, namely, that it was not maintainable. The question, inter alia, whether the High Court's order holding the order of the Chief Settlement Commissioner, dated 17-7-1969 as without lawful authority was passed in proper exercise of its jurisdiction, requires further consideration.

2. Security Rs.1,000.

3. Status quo to be maintained during the pendency of the appeal

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