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P L D 1983 Lahore 444
Before Fazal-e-Mahmood, J
Mst. ALLAH RAKHI-Petitioner
versus
SETTLEMENT COMMISSIONER, SARGODHA DIVISION, SARGODHA AND 3 OTHERS-Respondents
Writ Petition No. 1321/R of 1974, decided on 8th May, 1983.
Constitution of Pakistan (1973)-
Art. 199-Petitioner seeking interference on technical grounds Impugned order equitable and flowing from proper consideration of rights of parties-Order not showing any injustice to parties-Despite just and fair decision demand for enforcement of proverbial shylock's pound of flesh, held, not justified in writ jurisdiction which is equitable and discretionary-Petition dismissed.
Talib H. Rizvi for Petitioner.
Muhammad Ashraf Falahi for Respondent No. 1.
Date of hearing : 8th May, 1983.
After a long drawn litigation which saw two rounds, ultimately the dust has been settled by virtue of the impugned order. The officer has taken the view that there has been rateable distribution of the ihatas amongst the litigating parties.
2. I have beard the learned counsel for the petitioner who has tried to pursuade me to interfere on technical pleas. I, however, feel that the impugned order is equitable and flows from a proper consideration of to rights of the parties. The real purpose of Rehabilitation and Settlement Laws to ensure the rehabilitation of the largest possible number has been fulfilled.
3. Under the circumstances in keeping with the policy of taw, the parties must feel content. The order does not show any injustice to parties. 1 am therefore not inclined to exercise my discretion to interfere with the impugned order. It may, however, in the passing be mentioned that the total area in dispute is 15.Marlas. There are 5 parties in possession litigating. Three Marlas have fallen to the share of each party. - I know 'of no concept whereby despite a just and fair decision the demand fort proverbial shylock's pound of flesh could be got enforced in writ jurisdiction which is equitable and discretionary.
The result is that this writ petition fails and is hereby dismissed. Since the parties are poor, there shall be no order as to costs.
Petition dismissed.
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