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versus


Chief, Settlement Commissioner J once again referring to the successor in the office of the Chief Settlement Commissioner, the second revision and review of Part I has once again been referred to the High Court in the writ jurisdiction and updated by the Chief Settlement Commissioner High Court. A request to disregard the highest order has been dropped by them. In favor of rejecting the writ petition, when JJ failed to challenge the order of the Settlement Commissioner, before the improper order was passed, special leave of appeal was denied by the Supreme Court.

1968 S C M R 1303

Present : Muhammad Yaqub Ali and Abdus Sattar, JJ

Syed JAFFAR HUSSAIN SHAH‑Petitioner

versus

BASHIR‑UD‑DIN AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 56 of 1968, decided on 26th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th November 1967, in Writ Petition No. 598‑R of 1967).

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---

---Sch., Part I‑ Second Revision and Review of J already dismissed by Chief Settlement Commissioner‑ J once again approaching Successor‑in‑Office of Chief Settlement Commissioner but petition dismissed by him‑Thereupon J approaching High Court in writ jurisdiction and impugning latest order of Chief Settlement Commissioner‑High Court, held, right in dismissing writ petition since J had failed to challenge order of Chief Settle ment Commissioner passed long before impugned order‑Special Leave to Appeal refused by Supreme Court.

Sh. Abdur Rasheed, Senior Advocate Supreme Court (Mian Ata‑ul‑Haq, Advocate Supreme Court with him) instructed by Sh. Abdul Karim, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 26th June 1968.

ORDER

ABDUS SATTAR, J.

‑This is a petition for leave to appeal from the judgment and order of a Division Bench of the High Court of West Pakistan at Lahore, dismissing the petitioner's writ petition in limine. The order under challenge in the High Court was passed by the Chief Settlement Commissioner. It reads as follows :‑

"It appears that the Second Revision and Review filed by the applicant were dismissed by my predecessor. No further action can be taken. The application is filed. The applicant may be informed. He may seek legal remedy if so advised."

The petitioner filed a Second Revision Petition as well as a Review Petition which were dismissed long before the impugned order was passed. He did not challenge those orders. In these circumstances the High Court rightly held that there was no cause for interference by it with the order in question.

The petition is dismissed.

Leave refused.

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