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1989 MLD 3519

MUNIR AHMAD And Others vs AKHTAR HUSSAIN

Citation1989 MLD 3519
CourtLahore High Court
Case No.Writ Petition No. 95-R of 1989
Date1989-05-16
Judge(s)Fazal-e-Mahmood
ResultPetition dismissed

This writ petition is rather premature and misconceived. All that the learned counsel for the petitioners desires is refund of the amount with interest and for that purpose he has referred to the decision of this Court in L.P.A. No. 91 of 1969.

2. The notified officer at the end of the impugned order has observed that the auction purchasers for the return of the amount deposited by them can move a proper application. I do not think this observation can be said to be arbitrary or so unreasonable that no reasonable person could have passed such an order. It is only after the petitioners have put up their claim for refund that the notified officer or the Settlement Department will be called upon to determine the reasonableness or otherwise of the demand and then decision will be rendered after listening to the contentions of the petitioners. Let the petitioners, therefore, if so advised, file an application as directed by the notified officer which of course will have to be decided one way or the other. It is thereafter that the petitioners will be in a position to put the machinery of law into motion for the recovery of the amount which they claim to be due to them.

3. The writ petition at the present stage being premature is not entertained and disposed of accordingly.

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