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Claim a person's schedule for transfer of property through the Settlement Authorities, filed a petition two years after the final approval of the Settlement Commissioner's Petition, which was rejected by the Supreme Court of Appeal's special leave.

1968 S C M R 1330

Present : Fazle‑Akbar and Hamoodur Rahman, JJ

MUHAMMAD DIN AND ANOTHER‑Petitioners

versus

THE SETTLEMENT AND REHABILITATION COMMISSIONER, MULTAN DIVISION, MULTAN AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 203 of 1968, decided on 30th May 1968.

(On appeal from the order of the High Court of West Pakistan, Lahore, dated the 27th February 1968, in Writ Petition No. 757/R of 1964).

Displaced Persons (Compensation and Rehabilitation) Act (XXYIII of 1958)

---Sched‑Claim of person for transfer of property rejected by Settlement authorities‑Writ petition filed two years after final order passed by Settlement Commissioner‑Petition, held, rightly dismissed by High Court‑Special Leave to Appeal refused by Supreme Court.

S. M. Almas Ali, Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioners.

Nemo for Respondents.

Date of hearing : 30th May 1968.

JUDGMENT

FAZLE‑AKBAR, J.--

‑Dispute in this case relates to property No. 272‑B‑II in Montgomery. Claim of the petitioners to this property was rejected by the Deputy Settlement Commissioner and so far they are concerned his order was also upheld on appeal and in revision.

In 1964, they filed a writ petition in the High Court to challenge the order of the revisional authority which had been passed on 6th June 1962. They, however, gave no explanation for this inordinate delay in moving a writ in the High Court.

The High Court while upholding the order of the Settlement Authorities on merits rightly observed:‑

"We might add that this petition is also liable to be dismissed upon the ground that it was filed two years after the order of the Settlement Commissioner."

We, therefore, do not consider it a fit case for grant of special leave.

This petition is dismissed.

Leave refused.

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