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1995 SCMR 914

MASIHULLAH and anothers vs THE DEPUTY SETTLEMENT COMMISSIONERII,

Citation1995 SCMR 914
CourtSupreme Court of Pakistan
Judge(s)Ajmal Mian, Wali Muhammad Khan
ResultLeave refused

1. ' WALI MUHAMMAD KHAN, J.---Masihullah and Bashirullah, petitioners herein, assail the judgment dated 13-2-1993 passed by a learned Single Judge of the Lahore High Court, whereby Writ Petition No, 302-R/92, filed by them against the order of the Deputy Settlement Commissioner dated 15-12- 1971, was dismissed in limine.

2. ' We have heard Raja Dilshad A. Khan, Advocate, for the petitioners, and have perused the record of the case.

3. ' Admittedly, the petitioner was transferred 1 Kanal 13 Marlas 261 sq.Ft. As excess area. His grievance is that the excess area comes to 2 Kanals 1 Marla and that he is entitled to the transfer of more area than already allotted. It is not disputed that he had earlier made a representation to the Deputy Settlement Commissioner for the correction of the area which was rejected on 15-12-1971.

4. Aggrieved therefrom, they filed a Writ Petition No, 1333-R/74 in the High Court which was also dismissed on 13-2-1976 and the petition for Leave to Appeal No, 882/76 was also rejected on 11-2- 1979 by this Court. Since the petitioners had already approached the special forums of Settlement Authorities for the correction of the area which had declined the same and their grievance before the High Court and the Supreme Court also could not succeed, they were not entitled to embark upon a fresh round of litigation on the same cause-of-action and for the same relief. There is no illegality in the impugned orders of the Deputy Settlement Commissioner and the High Court.

5. ' No case for interference having been made out, leave to appeal is refused and the petition dismissed.

Cited by 2 cases

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