ABDUL KADIR versus CHIEF LAND COMMISSIONER

A. XLI, r 23 Writ Petition Remand Land Commissioner Para 29, Land Reforms Regulation, 1972 [MLR 115] ordering petitioner's land to be restarted, but the High Court reversing such order and repealing it. 2, Land Reform Regulation (Verification of Ordinance, Interpretation of Ordinance XXIX of 1978) The Commission had earlier affirmed all such orders, ignoring the order of the High Court, and demanded the applicants that additional land. Use the choice to restore, remanding the matter in accordance with the law, means reopening the whole case. And re-examining and re-evaluating all the foundations of the application and the validity of Ordinance XXIX under the Land Division, 1978 Land Reform Regulation, 1972 1 MLR 115], Para 29 [Order of Remand]. Make legal decisions by resolving

1981CLC 1354

[Karachi]

Before Abdul Hafeez Memon and S. A. Nusrat, JJ

ABDUL KADIR AND 7 OTHERS‑ Petitioners

Versus

CHIEF LAND COMMISSIONER AND 4 OTHERS‑‑Respondents

Constitutional Petition No. D‑1283 of 1978, decided on 7tb October, 1979.

Civil Procedure Code (V of 1908)‑--

‑---‑ O. XLI, r. 23‑Writ petition‑Remand‑Land Commissioner ordering resumption of petitioner's land under para. 29, Land Reforms Regulation, 1972 [M. L. R. 115] but High Court quashing such order and interpreting S. 2, Land Reforms Regulation (Validation of Orders) Ordinance (XXIX of 1978) as having validated all orders of such nature passed by Commission previously ignoring order of High Court and calling upon petitioners to exercise choice for resumption of excess land‑Remand of case for disposal according to law, held, means re‑opening of entire case and Land Commission under legal duty to decide case by adverting to its merits to rehear and re-determine all grounds in petition notwithstanding validity of Ordinance XXIX of 1978 Land Reforms Regulation, 1972 1 M. L. R. 115], para. 29.‑ [Remand of case].

Petitions Nos. D‑1377 and D‑1378 cf 1978 and Petition No. D‑1223 of 1978 (unreported) fol.

Nasir Aslam Zahid for Petitioner.

S. J Alam, Dy. Attorney‑General for Respondents.

Date of hearing : 71h October, 1979.

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