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AKHTAR HUSSAIN versus AHANGOO KHAN


Article 199 Investigation of Constitutional Jurisdiction Facts Under the Constitutional Jurisdiction of the High Court, Judicial Facts can be

1981 C L C 971

[Lahore]

Before M. Mehboob Ahmad, J

AKHTAR HUSSAIN‑ Petitioner

versus

AHANGOO KHAN ETC.‑----Respondents

Writ Petition No. 752/R of 1972, beard on 5th May, 1980.

(a) Settlement Scheme No. VII‑----

-----Chap. V, para. 4 read with Instructions contained in Settlement Scheme VII, Appendix I, para. 6 (ii)‑Disposal ‑of rural building sites‑Petitioners shown in Survey Register to be in possession of plot since before 1961, Settlement Authority, held, could not transfer such plot to a displaced person from Jammu & Kashmir and such plot deemed to have been transferred to occupant free of charge.

Mst. Resharn Jan v. Assistant Settlement Commissioner (Land), Abbottabad‑Hazara and 6 others P L D 1979 Pesh. 75 and Muhammad and others v. Sordul P L D 1965 Lab. 472 ref.

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

----‑ Art. 199‑Constitutional jurisdiction‑Probe into facts‑High Court under constitutional jurisdiction, held, can go into jurisdictional facts.

Muhammad Hussain Mir and others v. Sikandar and others P L D 1974 S C 139 and Mehr Dad v. Settlement h Rehabilitation Commissioner, Lahore Division, Lahore and another P L D 1974 S C 193 ref.

(c) Settlement Scheme No, VII----‑

‑‑ Appendix I‑Instruction 10 Rural properties of value less than ten thousand rupees in minor villages‑Criteria for transfer‑Occu pation before promulgation of Scheme‑No formalities, held, required to be fulfilled for transfer.

Raja Aziz‑ud‑Din Ahmad for Petitioner.

Zafar Iqbal Khan for Respondents.

Dates of hearing : 3rd, 4th and 5th May, 1980.

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