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AHMED BAKHSH versus MEHRU


The Pakistan Penal Code Para 68 Constitution of Pakistan (1973), Article 185 (3) could not endorse the vacant agricultural land proposal in favor of certified claim claimants (respondents) when the Settlement Authority by notification made such unconfirmed proposal. Is declared underground. The auction was made in favor of the applicant but on the assumption of the respondents (the claimants), the High Court put it aside in the constitutional jurisdiction which, according to the justification, was merely a memorandum of fixed date which was declared by the High Court. That they are without legal authority. As such, the High Court has rightly found that barring settlement officials from approving settlements in the name of settlers, it is the legal responsibility of the settling authorities to approve the formal transfer of land possession. In favor of the claimants (respondents), after expiry of 15 days in accordance with para 68, the West Pakistan Rehabilitation and Settlement Scheme High Court has, in the correct view, granted no leave for the grant of leave to appeal. The case was not made, in the circumstances the leave to appeal was denied

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