DR. MUHAMMAD IQBAL versus MEMBER, BOARD OF REVENEU/CHIEF SETTLEMENT COMMISISONER, LAHORE
Article 2 (2) Constitution of Pakistan (1973), Article 199 Constitutional application for fraudulent transaction pending notification officer, past jurisdiction and closed transaction property was purchased by the applicant in the year 1919. Respondents who moved permanently in the year 2009 in in 2009 filed an application before the Member Board of Revenue as Chief Settlement Commissioner alleging that the initial allotment of property was fraudulent. The petitioner raised the question that after the withdrawal of the eviction laws in 1975, the entire Department of Settlement Settlement Commissioners, including the Chief of the Department, were dismissed and notified only for pending cases which were notified. The officer had the jurisdiction to make his decision. Respondents believed that as fraud was committed before the Settlement Authorities, therefore, only the Chief Settlement Commissioner had the inherent authority to revoke the transfer order. Office / Officers empowered under Section 2 (2) of the EQE Property and Homelessness Act (repealed) Act 1975, did not enjoy any authority as Chief Settlement Commissioner but only as a notified officer. Could work, therefore, in this case, the seriousness and use of the powers were not legitimate. After the removal of the eviction laws, the Authority Settlement Department, including the Chief Settlement Commissioner, was presented with a Facts Offido to consider any questions regarding any allotment / transfer of the evacuation property, which was made under the Settlement Rules. Implementation and settlement were not with the Settlement Authority. Bit
Related judgments — Lahore High Court Lahore, 2010
