| Case ID |
1b7feb67-b77f-4b35-99bc-14b227e7ef0d |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 215 |
| Decision Date |
Nov 12, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's constitutional petition regarding the auction of evacuee properties, affirming that the second auction could not take place without the cancellation of the first auction. The court found that the allegations regarding the cancellation were not substantiated by the record, and the revisional order from the Settlement Commissioner was deemed lawful. The petitioner's arguments regarding the forfeiture of earnest money and the legal power of the Settlement Authorities were also rejected. The court concluded that the revisional order had taken into account all salient features of the case and was justified in its decision to set aside the second auction as void. |
| Summary |
In the case of Muhammad Afzal Khan vs. Settlement and Rehabilitation Commissioner, the Supreme Court of Pakistan dealt with the issue of the validity of an auction of evacuee properties. The petitioner challenged the legality of a second auction conducted without the proper cancellation of the first auction. The court examined whether the first auction had been canceled and found that the records did not support the petitioner's claims. The Supreme Court emphasized the importance of legal procedures in property transfer and upheld the decision made by the Settlement Commissioner. This case underscores the critical nature of following statutory guidelines in property auctions, especially concerning displaced persons' properties. The court's decision reinforces the authority of the Settlement Authorities to review and annul actions that lack jurisdiction or are tainted by fraud. The ruling serves as a precedent for similar cases involving property rights and the procedural requirements for conducting auctions in compliance with established laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN,
MUHAMMAD AFZAL KHAN
|
| Lawyers |
Ch. Khalil-ur-Rehman,
Sh. Muhammad Naseem,
Manzoor Elahi,
Moulvi Sirajul Haq,
K.E. Bhatti
|
| Petitioners |
Muhammad Afzal Khan
|
| Respondents |
another,
Settlement and Rehabilitation Commissioner
|
| Citations |
1987 SLD 279 = 1987 SCMR 263
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
185(3),
10
|