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versus


Special leave to appeal by the Supreme Court if the entitled Certificate Officer on Special Duty issued under the rules can be canceled by the Central Record Office on the basis that it was obtained through fraud.

1968 S C M R 1353

Present : Fazle‑Akbar, C. J. and Sajjad Ahmad, J

THE CHIEF SETTLEMENT COMMISSIONER, LAHORE‑Petitioner

versus

Raja MUHAMMAD FAZIL KHAN AND OTHERS ----Respondents

Civil Petition for Special Leave to Appeal No. 45 of 1968, decided on 28th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 28th September 1967, in Writ Petitions Nos. 117 and 75 of 1965).

Martial Law Regulation [C. M. L. A.'s] No. 84 and Martial Law Regulation [C. M. L. A.'.s] No. 89---

--‑Whether entitlement certificate issued under Regulations could be cancelled by Officer on Special Duty, Central Record Office on ground that it had been obtained by fraud‑Special Leave to Appeal granted by Supreme Court.

Ghias Muhammad, Attorney‑General [Sher Alam Advocate Supreme Court for A. A. Indrabi, Advocate Supreme Court with him (on record)] instructed by Iftikharuddin Ahmed, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 28th June 1968.

ORDER

FAZLE‑AKBAR, C. J.

‑The question raistt in this petition for special leave to appeal is whether an entitlement certificate issued under Martial Law Regulations 84 and 89 could be cancelled by an Officer on Special Duty, Central Record Office, on the ground that it had been obtained by practising fraud on the Settlement and Rehabilitation Department.

The learned Attorney‑General has contended that such a certificate having been obtained by fraud, the same was nullity in law and as such it ‑was the duty of the Special Officer to recall the same. He has further submitted that an authoritative pronouncement by this Court on the question raised Will govern a number of cases which have either been disposed of or are pending in the Department.

As the question raised is one of general public importance, we grant leave to appeal as prayed. No stay.

Leave granted.

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