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GHULAM KADIR versus SETTLEMENT COMMISSIONER SIND


Schedule to read with Constitution of Pakistan (1972), the plot entered into a series of plots by Article 201P Form G in 1959 dealt with open auction in 1960 and PTD issued the auction buyer M in 1962 g Thereafter a tenancy agreement was made with M. But Arinck's 1969 mobilization settlement officials complained that his P form was devoid of holding: Settlement officials refused to resume the right to open the case after 9 years, when he was living for a long time. He fell asleep on the right and in the meantime the petition for PTD was already dismissed.

P L D 1975 'Karachi 704

Before Khuda Bakhsh Marri, J

GHULAM KADIR AND 2 OTHERS‑Petitioners

versus

TAE SETTLEMENT COMMISSIONER, SIND AND 4 others--‑Respondents

Constitutional Petition No. 587 of 1973, decided on 2nd May 1975.. ,

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

‑‑ Sched. read with Constitution of Pakistan (1972), Art. 201"P" form filed by G in respect of a plot in 1959‑Plot disposed of by open auction in 1960 and P. T. D. issued to auction‑purchaser M in 1962‑G thereafter entering into agreement of tenancy with M but irk 1969 moving Settlement Authorities complaining that his "P" form remained undisposed of--‑Held : Settlement Authorities rightly refused to re‑open matter after 9 years when throughout this long period G slept over his right and in meantime P. T. D. had already been issued to M‑Writ petition dismissed.

Abdul Jabbar Khan and others v. Additional Settlement and Rehabilita tion Commissioner Hyderabad P L D 1964 Kar. 365 and Abdul Malik and others v. Chief Settlement Commissioner, Lahore and others P L D 1967 Lah. 520 distinguished.

Islamic Republic of Pakistan v. Settlement Commissioner P L D 1973 Pesh. 143 ; Mustafa v. Settlement Commissioner, Bahawalpur Division, Bahawal pur 1974 S CK R 104 and Ghulam Hussain v. Settlement Commissioner 1973SCMR259ref.

Maroof Ali Khan for Petitioners.

Nemo for Respondents Nos. 1 to 3.

Sadiq Khan for Respondents Nos. 4 and 5.

Date of hearing : 2nd May 1975.

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