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1991 SCMR 1332

Mst. RAISHAM BIBI vs ADDITIONAL COMMISSIONER (REVENUE) With Powers Of

Citation1991 SCMR 1332
CourtSupreme Court of Pakistan
Case No.Civil Petition No.277 of 1986 Writ Petition No. 664-R of 1972
Date1989-10-31
Judge(s)Ghulam Mujaddid Mirza, Nasim Hasan Shah
ResultOrder accordingly

ORDER

1. NASIM HASAN SHAH, J.---In this case the Additional Commissioner (Revenue) exercising powers of the Settlement Commissioner (Land) by his order dated 13-7-1972 set aside the order dated 14-4- 1972 passed by the Assistant Commissioner with powers of the Collector Lyallpur who had upheld the order dated 16-9-1967 passed by the A.C. 2nd Grade Lyallpur sanctioning mutation of inheritance of Mst. Karam Bibi in favour of Mst. Raisham Bibi (Petitioner herein) and remanded the case to the A.C. 2nd Grade Lyallpur for fresh decision after hearing both the parties. Aggrieved by the said order of the learned Settlement Commissioner the petitioner filed a writ petition before the High Court. This was dismissed and the said order of the High Court is now questioned in this Court by this petition for leave to appeal.

2. This matter came up before this Court on 26-5-1986 when the prayer for interim relief with regard to the stay of proceedings pending before the Assistant Collector was refused by a learned Judge of this Court. Despite this order the matter has not yet been decided afresh although it was remanded to him very long ago by the learned Settlement Commissioner namely on 13-7-1972.

3. After hearing the learned counsel for the petitioner we, are of the opinion that instead of granting leave to appeal in this case and further prolonging the matter it would be more appropriate for the Assistant Collector 2nd Grade, Lyallpur to decide the case entrusted to him since long, as early as possible. As the matter has already been pending with him for more than 17 years he should decide the matter in accordance with law, within 3 months from the date of receipt of this order.

4. This petition, with these observations, stands disposed of.

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