MUHAMMAD RAFI KACHELO versus MEMBER, FEDERAL LAND COMMISSION

Read with OLLI, Orders 23 and 25 Land Reform Regulation 1972 [MLRL 15], the Chairman / Member of Para 29 Remand High Court shall be with the Federal Land Commission, under paragraph 29 of MLR 115 Unable to suspend review request. This land received the Federal Land Commission's remand petition for a decision pursuant to the Land Reform Regulation (Order Validation) Ordinance (XXIX of 1978), subsequently Chairman / Member Federal Land Commission under paragraph 29 of the Land Reform Regulation. The pre-order verification order, approved by, was issued. Held, 1972, means seeking a remand for a case to be resolved, so the Federal Land Commission's legal obligations consider all the priorities raised despite the amending ordinance adopted by the Amendment Ordinance (XXIX of 1978). Are required to decide on the issue of eligibility (endorsement of orders) Ordinance (XXIX 1978), Section 2 [Case Remand]

1981 C L C 1503

[Karachi]

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

MUHAMMAD RAFT KACHELO AND 2 OTHERS‑Petitioners

versus

MEMBER, FEDERAL LAND COMMISSION AND 2 OTHERS‑ Respondents

Constitutional Petition Nos. 1231, 1223, i060, 1070, 1071, 1092, 1093, 1106, 1110, 1111, 1112, 1113, 1147, 1149, 1207, 1231, 1232, 1266, 1275, 1276, 1293, 1294, 1302 and 1587 of 1978, heard on 17tb September, 1979,

Civil Procedure Code (V of 1908)‑

‑‑O. XLI, rr. 23 & 25 read with Land Reforms Regulation, 1972 [M. L. R. l 15], para. 29‑Remand‑High Court holding Chairman/ Member, Federal Land Commission sitting singly not competent to dispose of revision application under para. 29 of M.L.R. 115 and on that ground alone remanding revision applications to Federal Land Commission for decision according to law‑Land Reforms Regulation (Validation of Orders) Ordinance (XXIX of 1978) subsequently promulgated validating retrospectively order, passed by Chairman/ Member Federal Land Commission under para. 29 of Land Reforms Regulation, 1972‑ Held, remand of a case for disposal means reopening of entire case hence statutory functionaries of Federal Land Commission bound to decide case on merits considering all contentions raised notwithstanding amending Ordinance (XXIX of 1978)‑‑Land Reforms Regulation (Validation of Orders) Ordinance (XXIX of 1978), S. 2.‑[Remand of case].

Constitutional Petitions Nos. D‑1377 and 1378 of 1978 (unreported) fol.

Imam Ali Kazi and Nasir Aslam Zahid for Petitioners.

Shah Jamil Alam, Dy. Attorney‑General for Respondents.

Date of hearing : 17th September 1919.

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