| Case ID |
1b7c6f91-cf53-44c0-906c-532163b9e2d4 |
| Body |
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| Case Number |
Writ Petition No.22471 of 1996 |
| Decision Date |
Sep 16, 1997 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Mst. Shameema Khatoon and others. The court held that the petitioners' case, which was referred to the Notified Officer, was not pending at the relevant time and had not been remanded to the Notified Officer by any higher court. The court emphasized that the Revenue Authorities lacked the power to refer matters to the Notified Officer based solely on allegations of fraud or forgery. The petitioners were advised to pursue their grievances through civil suit rather than through constitutional petition, as the Notified Officer's authority was limited after the repeal of the relevant settlement laws. The court declined to interfere with the orders passed by the Board of Revenue, thereby affirming the decisions made by the lower authorities. |
| Summary |
This case involves a constitutional petition challenging the orders of the Lahore High Court related to the Evacuee Property and Displaced Persons Laws. The petitioners, led by Mst. Shameema Khatoon, contended that the District Collector's order regarding the referral of their case to the Notified Officer was valid due to alleged fraud and forgery in the revenue records. The court examined the legal framework established by the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, and concluded that the Notified Officer had limited authority to decide only those cases which were pending or remanded by higher courts. The court's decision reaffirmed the necessity for petitioners to seek redress through civil suits, thereby reinforcing the jurisdictional boundaries of the Notified Officer. This case highlights the complexities of property disputes involving evacuee properties and the legal avenues available for resolution. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
Rashid Murtaza Qureshi for Petitioners,
Ch. Ali Muhammad for Applicant (in C.M. No. 1595 of 1997 and for Respondent No. 1 in Writ Petition No. 22471 of 1996)
|
| Petitioners |
8 others,
Mst. SHAMEEMA KHATOON
|
| Respondents |
10 others,
Haji MURAD ALI
|
| Citations |
1998 SLD 1286,
1998 CLC 653
|
| Other Citations |
Sher Afzal Khan and others v. Haji Razi Abdullah and others 1984 SCMR 228,
Malik Shahab Din and 4 others v. Imdad Ali Ghallu, A.D.C.(G), Bahawalpur and 7 others 1986 CLr 2194,
Mst. Memona Begum v. State PLD 1990 Rev. 8,
Anjuman Falaho Bahbood Muhajreen v. Abdul Majeed 1991 CLC 1806,
Zar Khan and 8 others v. Faqir Gul and 4 others PLD 1993 Pesh, 39,
M Sharif and others v. M. Anis Nagi 1993 CLC 1123,
Ghulam Muhammad v Sardar Muhammad Aslam Sukhera and 4 others 1993 MLD 423,
Sultan Hassan Khan and 2 others v. Mst. Nasim Jahan and 17 others 1994 SCMR 150
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Constitution of Pakistan (1973)
|
| Sections |
2(2),
Art.199
|