| Case ID |
38e7a4c1-4f12-449c-bb33-415021d89792 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 475 |
| Decision Date |
Jun 29, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition of Abdul Hamid, affirming the decisions made by the lower courts, which held that the order of Capt. M. A. Majid, who acted as Deputy Settlement Commissioner (Lands), had become final as it was not challenged before any higher authority. The court found that the subsequent complaints and orders regarding the land allotment were not valid as the original decision had not been appealed or revised. The court ruled that the allotments made to the respondent, Aziz Bakhsh, could not be contested in independent proceedings following the finality of the earlier order. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Land Settlement) Act, particularly section 11, concerning the finality of administrative orders. Abdul Hamid challenged the allotment of land made to Aziz Bakhsh, asserting that the original order was flawed due to alleged excess allotment. The Supreme Court examined the procedural history, emphasizing that the order made by Capt. M. A. Majid, an Additional Deputy Commissioner, had not been contested at any point, thus rendering it final. The court underscored the importance of adhering to procedural norms in administrative law, particularly regarding the finality of decisions made by delegated authorities. The case highlights the legal principles of administrative finality and the limits of challenging administrative decisions in subsequent proceedings. Keywords for this case include 'Displaced Persons Land Settlement Act', 'administrative law', 'finality of orders', and 'Supreme Court decisions'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD GUL, J
|
| Lawyers |
Ch. Azim-ud-Din, Advocate,
Kh. Wali Muhammad, Advocate-on-Record
|
| Petitioners |
ABDUL HAMID
|
| Respondents |
AZIZ BAKHSH
|
| Citations |
1973 SLD 171,
1973 SCMR 510
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act
|
| Sections |
11
|