| Case ID |
ed0584e9-d936-48bb-841a-a6ee632259bb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 292 of 1988 |
| Decision Date |
Jan 31, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the High Court's decision which had previously dismissed a constitutional petition challenging the cancellation of land allotment. The allotment was initially made in pencil and had been canceled by the competent authority, with the petitioners' arguments regarding the status of their predecessor as a refugee deemed insufficient. The court found that the petitioners had already availed themselves of legal remedies through civil suit and writ petition, which were dismissed on grounds of incompetency and laches. |
| Summary |
This case revolves around the legal challenges faced by petitioners regarding the cancellation of land allotment under the Displaced Persons (Land Settlement) Act, 1958. The Supreme Court of Pakistan addressed the implications of the allotment being recorded in pencil and the subsequent cancelation by the Additional Settlement Commissioner. The petitioners, who are descendants of the original allottee, argued against this cancellation citing their predecessor's refugee status. However, the court upheld the dismissal of their constitutional petition, reinforcing the principle of laches and the necessity of exhausting available legal remedies. This case highlights significant legal principles regarding land settlement and the procedural requirements for challenging administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM,
RUSTAM S. SIDHWA
|
| Lawyers |
Learned counsel for the petitioners
|
| Petitioners |
others,
SHAHID IJAZ
|
| Respondents |
others,
ASSISTANT COMMISSIONER, GUJRANWALA
|
| Citations |
1991 SLD 1003,
1991 SCMR 475
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act,
Constitution of Pakistan
|
| Sections |
10,
11,
185(3)
|