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1987 SCMR 1148

P.S. RAMDASIA vs CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER,

Citation1987 SCMR 1148
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 761 of 1986 L.P.A. No. 92 of 1971
Date1987-04-20
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultOrder accordingly

ORDER

1. NASIM HASAN SHAH, J.--The case was remanded to the Additional Settlement Commissioner for redecision of the matter in accordance with law by a learned Single Judge of the Lahore High Court. The petitioner filed an Inter-Court Appeal contending that the case should have been remanded to the Chief Settlement Commissioner as an earlier order had been passed by him and the authorities dealing with the case on remand might feel embarrassed in differing from it.

2. The learned Judges of the Division Bench dealing with this contention observed:-- "Neither the Chief Settlement Commissioner is there nor the Additional Settlement Commissioner after the repeal of the relevant law by Act XIV of 1975. It is only a notified officer who has to decide a case remanded by the High Court. Therefore, it is directed that the case shall be decided by the notified officer concerned in accordance with law after notice to the parties."

3. The petitioner has filed this petition for leave to appeal before us and his learned counsel has reiterated the same plea which was urged before the learned Judges of the High Court hearing the Inter-Court Appeal.

4. We observe that the learned Single Judge in his order has already taken care of this aspect of the matter. In the operative part of his order it is said:---- "In the light of the above discussion I set aside the order, dated 22nd June, 1965 passed by the Chief Settlement Commissioner (Annexure 'J'), orders (Annexures 'M' & 'M/1') passed by the Additional Settlement Commissioner on 3rd December, 1966 and orders (Annexures 'O' and '0/1') passed on 27th April, 1967 by the Settlement Commissioner as without lawful authority and remit the case to the Additional Settlement. Commissioner and direct him to treat the two appeals filed before him by both the parties as pending and dispose them of according to law without being influenced by the directions of the Chief Settlement Commissioner contained in his order Annexure ' J".

5. With these observations this petition stands disposed of.

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