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KHAIRUDDIN versus SETTLEMENT COMMISSIONER AND ADDITIONAL COMMISSIONER, HYDERABAD


Section 19 of the notified land is disproportionately in the possession of the applicant and has never been allotted to any respondents who had no direct personal interest and at most were given a bare field of land. Because there was no such property. Applicant's Right to Question Allotment = Enjoying Appeal Against Applicants Through Settlement Authority In these cases, misuse of the settlement authority's court order process was eliminated.

P L D 1975 Karachi 841

Before Agha Ali Hyder, J

Syed KHAIRUDDIN AND 7 OTHERS‑Petitioners

versus

THE SETTLEMENT COMMISSIONER AND ADDITIONAL COMMISSIONER, HYDERABAD AND 16 OTHERS

Respondents Constitutional Petition No. 232 of 1966, decided on 10th August 1973.

Displaced Persons (Compensation and Rehabilitation) Act (XXV111 of 1958)‑

S. 19‑Informer‑Land in question indisputably in petitioner's possession and never allotted to any of respondents‑Respondents, held, had no direct personal interest and had, at highest, a bare expectency of land being allotted to them‑Respondents, as such had no vested right to question allotment made in petitioner's favour = Entertaining of appeal against petitioners by Settlement Authority, in circumstances, held, an abuse of process of Court Order of Settlement Authority quashed.

Abida Khatoon v. Mian Ghulam Shabbir, Settlement Commissioner, Multan Division P L D 1961 S C 793 and Abdus Salem v. Chairman, East Pakistan Election Authority and others P L D 1965 Dacca 231 ref.

Hassan A. Shaikh for Petitioners.

Sayeed A. Shaikh for Respondents Nos. 1 and 2.

Ali Nazar for Respondents Nos. 3 to 17.

Dates of hearing: 16th, 21st February; 8th March and 16th July 1973.

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