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CHOTI versus ASSISTANT COMMISSIONER/ CHIEF SETTLEMENT COMMISSIONER DEPALPUR


Articles 10 and 11 of Pakistan (1973) of the Homeless Persons (Land Settlement) Act, 1973 (Article 199) The petitioner sent the expiring applicant twice on his oath because the applicant's lawyer was not present. Didn't respond to the last notice. Filing by another authority, who was ordered to make land allotment, filed a non-compliance of the notices, which was because his lawyer had been given the allotment.

1985 M L D 156

[Lahore]

Before Abdul Shakurul Salam, J

Mst. CHOTI--Petitioner

versus

ASSISTANT COMMISSIONER/ CHIEF SETTLEMENT COMMISSIONER, DEPALPUR--Respondent

Writ Petition No. 568-R of 1976, heard on 28th April, 1985.

Displaced Persons (Land Settlement) Act (XLVII of 1958)--

---Ss. 10 & 11--Constitution of Pakistan (1973), Art. 199--Mukhbari application--Non-appearance of petitioner--Counsel for petitioner expired--Petitioner did not make any response to notice of appearance sent twice to her--Affidavit filed alongwith petition proved to be filed by other Mukhbar to whom allotment of land was ordered to be made- Non-compliance of notices, of petitioner, held, was due to the reason that allotment was made to her attorney--Petition dismissed in circumstances.

Nemo for Petitioner.

Nemo for Respondent.

Date of hearing: 28th April, 1985.

JUDGMENT

On a Mukhbari application the land was cancelled on 20-2-1976 and it was directed to be allotted to the informer. It was allotted to the petitioner on 22-3-1976 but later on the order was re-called on the ground that her name had been inserted in the Mukhbari application and that was a forgery. This is vide order dated 22-3-1976. It was directed that the land be allotted to the other Mukhbar, Dawood Khan. This was challenged by the petitioner through the afore titled Constitutional petition.

2. The learned counsel for the petitioner has expired. Twice notice was sent to the petitioner but no response has been made. A perusal of the affidavit filed alongwith the petition shows that it was filed by Dawood Khan. The person who had been allowed allotment in the last mentioned order dated 22-3-1976. Since the land has been ordered to be allotted to the petitioner's own attorney, that may be the reason that no response is made by the petitioner to the notices issued to her.

3. In view of the above, this petition is dismissed.

H.B.T Petition dismissed

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