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1998 SCMR 505

Mst. SHAKIRA SULTANA and 3 others vs PAKISTAN RANGERS, LAHORE and 7

Citation1998 SCMR 505
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1269-L of 1994 Writ Petition No,28-R of 1979
Date1995-11-13
Judge(s)Fazal Karim, Saeeduzzaman Siddiqui
ResultLeave granted

ORDER

1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioners are seeking leave to appeal against the judgment of a learned Judge in Chambers of Lahore High Court dated 6-12-1993 whereby the learned Judge accepted Writ Petition No,28-R of 1979 and remanded the case to the Board of Revenue/Chief Settlement Commissioner for entrusting the case to notified officer for fresh decision in accordance with the law.

2. The learned counsel for the petitioners in seeking leave to appeal contended that the learned Judge while remanding the case to the Board of Revenue/Chief Settlement Commissioner failed to take into consideration that the application filed by respondent No,1 for reopening of the case was made on 30-10-1974 after the repeal of Displaced Persons (Compensation and Rehabilitation) Act 1958 by Act XIV of 1975 which came into effect on 1-7-1974. The application filed by respondent No,1 before the Settlement Authority, therefore, could not be treated as a pending case within the scope of section 2 of the Act XIV of 1975 so as to give jurisdiction to the Board of Revenue to reopen the case. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same. The parties are directed to maintain status quo until decision of the appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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