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CHHOTEY KHAN versus DEPUTY COMMISSIONER, THARPARKAR


Read with R 6 Cider Tenancy Act (XX 1950), S9 29 and 30 review power not authorized, not authorized, not authorized [review]

1981 C L C 989

[Karachi]

Before Naimuddin and B. G. N. Kazi, JJ

CHHOTEY KHAN‑Petitioner

versus

DEPUTY COMMISSIONER, THARPARKAR AND

ANOTHERS‑‑Respondents

Constitutional Petition No. 450 of 1977, decided on 16th September, 1980.

(a) Sind Land Commission (Pre‑emption) Rules, 1974‑‑

‑‑‑ R. 6 read with Sired Tenancy Act (XX of 1950), S9. 29 & 30 Power of review‑‑Creation of statute‑Relevant statute not providing Power of review‑‑Review, held, not competent.‑‑[Review].

Hussain Shaikh v. Settlement Commissioner, Rawalpindi and others P L D 1970 S C 1 and Agha Muhammad Hassan v. Mehraj Din P L D 1973 Lah.95 rel.

(b) Constitutional of Pakistan (1973)‑‑---

‑‑ Art. 199‑Writ jurisdiction‑Question involved being whether respondent empowered to review earlier order‑‑Merits of case, field, cast b; gone into in such writ petition.

Muhammad Sharif for Petitioner.

Sadiq Ali Khoja for Respondent No. 2.

Date of hearing: 16th September, 1980.

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