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1991 SC M R1924

GHULAM RASUL vs ASSISTANT COMMISSIONER, DASKA And Another

Citation1991 SC M R1924
CourtSupreme Court of Pakistan
Case No.Civil Petition No.134 of 1986
Date1989-09-18
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

SAAD SAOOD JAN, J.----Fakar Din, father of the petitioner, was a refugee from the State of Jammu and Kashmir. He was allotted land in village Nawan Pind of Tehsil Shakargarh by way of maintenance. Among the members of his family, he included the petitioner as well. Subsequently, the petitioner also obtained another allotment in village Jhulki of Tehsil Daska by way of maintenance as refugee from the said State On a Mukhbari application the Additional Settlement Commissioner cancelled the allotment of the petitioner on the ground that he was not entitled to a separate allotment after his father had already obtained land by way of maintenance. The petitioner filed a writ petition in the High Court to challenge the legality of the order of the Additional Settlement Commissioner. His petition was dismissed. He now seeks leave to appeal from this Court.

2. The case of the petitioner is that he had nothing to do with the allotment obtained by his father and that on his father's death he was neither recorded as his heir nor treated as member of his family.

3. It is to be noticed that the father of the petitioner while obtaining the allotment had mentioned him as a member of his family. In 1971, the petitioner claimed compensation for the loss suffered on account of enemy action in respect of his father's allotment. Again, he obtained subsidy for installation of a tube-well on the land given to his father. In the circumstances, it cannot be said that he had no connection whatsoever with the allotment of his father. This petition is without any merit and is hereby dismissed.

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