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Criminal Miscellaneous No. 78-R of 1977, decided on 12th February 1980.
-- S. 3-Application for taking action by way of contempt of Court against officials of Revenue Department on ground of such officials having failed to apply law declared by Supreme Court as reported in a decision-Decision referred to not concerning subject-matter of application and petitioner having filed a civil suit for proper applica tion of law as declared in such decision-Petitioners, held, had legal remedies open to them and no question of taking action by way of contempt could arise.
Abdur Rashid Qazi, Advocate Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing : 12th February 1980.
: This miscellaneous application seeks action by way of contempt against the respondents, who are all officials of the Revenue Department in Mansehra District, on the ground that they have failed to apply the law declared by this Court in the case reported as Sajawal Shah v. Syed Rahim Shah (P L D 1975 S C 325), in regard to the allocation of the amount of compensation payable to the different categories of owners in respect of trees grown on the village Shamilat. It is alleged that at one stage these officials had made correct directions for the distribution of the Malikana, but later on these direc tions were changed, constituting a departure from the decision of this Court mentioned above.
The application is altogether misconceived, as the petitioners have file a civil suit in the Court of the Senior Civil Judge, Mansehra, for the proper application of the law as declared by this Court in the aforesaid judgment, which, in any case, did not concern the amount of compensation, which form the subject-matter of the present application. If the Revenue authorities failed to act in accordance with the correct legal position obtaining in the matter, the petitioners have legal remedies open to them, and, therefore, no question of taking action by way of contempt would arise in such a case.
The application is, accordingly, dismissed.
Application dismissed.
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