| Case ID |
004eb9c8-411a-4d06-9468-48bccabfb686 |
| Body |
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| Case Number |
Writ Petition No. 691-R of 1976 |
| Decision Date |
Jul 14, 1991 |
| Hearing Date |
Jul 14, 1991 |
| Decision |
This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question the order, dated 31st of March, 1976, passed by the Assistant Commissioner/Additional Settlement Commissioner (Land), Narowal, whereby he proceeded to cancel the allotment of 46 Kanals 14 Marlas of land of the petitioner at Khata No.39 of RL-II Bharwali Tehsil Narowal District Sialkot. The petitioner successfully challenged the cancellation of his allotment, which had attained finality at the Supreme Court level. The court ruled that the Settlement Authorities were not authorized to re-open the matter and declared the cancellation of the allotment as unlawful and of no legal effect. The decision emphasized the importance of finality in legal proceedings and the limitations of authority held by Settlement Authorities. |
| Summary |
In the Lahore High Court case of Writ Petition No. 691-R of 1976, the core issue revolved around the legality of the cancellation of land allotment made to the petitioner, Shah Nawaz, by Settlement Authorities. The case highlighted the principles of finality in legal decisions, where the petitioner had previously succeeded in multiple legal challenges against the allotment cancellation. The court underscored that the matter, having been adjudicated up to the Supreme Court level, could not be revisited by the Settlement Authorities. The ruling affirmed that such re-examinations were not warranted by law and emphasized the importance of adhering to the legal decisions that have become final. The case serves as a significant reference regarding the authority of Settlement Authorities and the legal principles surrounding allotment disputes, particularly within the context of Evacuee Property and Displaced Persons Laws in Pakistan. The decision has broader implications for property rights and administrative authority, making it a relevant case for legal practitioners and property owners alike. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Ch. Riasat Ali for Petitioner,
Hamid Ali Mirza for Respondent No. 2,
Nemo for Respondent No. 1
|
| Petitioners |
SHAH NAWAZ (deceased) through Mst. Rashidan and others
|
| Respondents |
MUHAMMAD SHARIF and another
|
| Citations |
1992 SLD 615,
1992 CLC 342
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Constitution of Pakistan (1973)
|
| Sections |
2,
199
|