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Criminal Petition No. 261 of 1977, decided on 29th March, 1983.
(On appeal from the judgment, dated 10th February, 1977 of the Lahore High Court in Writ Petition No. 1578‑R of 1976).
‑‑ Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 10‑Withdrawal of land‑‑Leave to appeal sought on ground that order of Settlement Commissioner allowing respondents to retain also 288 P. I. Units which were excluded by A. R. C. (L) on ground that A. R. C. (L) while withdrawing said units had no authority to withdraw and said order is being' implemented in manner prejudicial to interest of petitioner‑Held: Order of Settlement Commissioner as well as that of High Court being clear, namely that, respondents are to be restored only that area which was cancelled from their names by order of A. R. C. (L) which stands set aside by order of Settlement Commis sioner and that no other area, apart therefrom, is to be taken from petitioners‑‑Leave to appeal refused in circumstances.
Syed Sajjad Raza Jafari, Advocate Supreme Court and IS. Abid Nawaz advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Data of hearing: 29th‑March, 1983
The only point worthy of soma consideration wised by, Syed Sajjad Raza Jafari, in support of this petition, directed against the judgment of a learned‑ Single Judge of the Lahore High. Court gassed in Writ Petition No. 1578‑R 0f 1976 is that the order of the Settlement Commissioner, Lahore Division, dated 25‑8‑1976, who allowed the responding to retain also the 288 P. I. Units, which were excluded by the A. R. C. (L) S. D. O., Kasur on the ground that the latter, while withdrawing the said units, had no authority to do so, is being implemented in a manner prejudicial to the interest of the petitioner herein. In this connection, it is claimed that the land allotted to the petitioners consists of not only the land which was withdrawn from the respondents, pursuant to the orbs of the A. R. C. (L)/ A. C. O., Kasur but as also of some other land, not covered by his orders and further that the Settlement authorities, in order to make up the area of 288 P. I. Units in favour of the‑.respondents are even including therein some area, which was not covered by the orders of cancellation passed by the A.. R. C. (L)/A. C. R., Kasur.
We would observe that the orders of. the Settlement Commissioner, a well as that of the High Court, are very clear, namely that the respondent are to be restored only that area which was cancelled from their names by In elder of the A. R. C (L)/A. C. O. Kasur and which sods sit aside by order of the Settlement Commissioner, dated 25‑8‑1976 and that no other area, apart therefrom, is to be taken from the petitioners herein.
This petition, with the above observations, is dismissed hereby.
M. Z. M. Petition dismissed.
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