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ZAHOOR versus ADDITIONAL SETTLEMENT COMMISSIONER (JUDICIAL), KARACHI


The schedule of vacant property is not in the order of the High Court and no particular way of paying the prices is related to their compensation books which only the claimants have and the compensation book has not been purchased by them. An order not to be in accordance with the High Court order is not acceptable

1981 C L C 1569

[Karachi]

Before B. G. N. Kazi, J

ZAHOOR AND 3 OTHERS ‑Petitioners

versus

ADDITIONAL SETTLEMENT COMMISSIONER (JUDICIAL),

KARACHI AND 8 OTHERS‑Respondents

Constitutional Petition No. 797 of 1974, decided on 25th February, 1980

(a) Constitution of Pakistan (1973)‑

‑‑ Art. 199‑Writ proceedings‑Question of fact‑Question whether petitioners left a certain place and settled down at another place question of fact based on mere assertion‑High Court, held, cannot go into such questions of fact in writ proceedings.‑[Question of fact].

(b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑

‑‑Sched.‑Transfer of evacuee property‑No specific method of payment of price being laid down in High Court's order and in decision of letters patent appeal reference being to their compen sation books which only claimants have and not compensation book purchased by them, contention as to impugned order being not in con sonance with High Court's order, held, not acceptable.

S. H. Rizvi for Petitioners.

S. M. Raza for Respondents Nos. 3 to 9.

Date of hearing : 4th February, 1980.

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