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MUHAMMAD DIN versus ADDITIONAL SETTLEMENT COMMISSIONER (LANDS) DISTRICT GUJRANWALA


The Constitution of Pakistan (1973), Articles 199 of Articles 10 and 11 of the Homeless Persons (Land Settlement) Act 1958, upon the return of the writ petition during the writ petition, the applicant's application was accepted for sale of the land in dispute. ? Approval was also given in favor of the applicant, the applicant was relieved, the petition was withdrawn, the petition was withdrawn under the circumstances.

1985 M L D 298 (1)

[Lahore]

Before Abdul Shakurul Salam, J

MUHAMMAD DIN--Petitioner

versus

The ADDITIONAL SETTLEMENT COMMISSIONER (LANDS), DISTRICT GUJRANWALA and another--Respondents

Writ Petition No. 489-R of 1977, heard on 24th April, 1985.

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

---Ss. 10 & 11--Constitution of Pakistan (1973), Art. 199--Writ peti tion--Withdrawal of--During pendency of writ petition, application of petitioner, for sale of land in dispute was accepted by Settlement Authorities--Mutation of said sale in favour of petitioner was also sanctioned--Petitioner having got relief, made request to withdraw petition--Petition dismissed as withdrawn in circumstances.

Kh. Mushtaq Ahmad for Petitioner.

Nemo for Respondent No.l.

Mian Abdur Rashid for Respondent No. 2.

Date of hearing: 24th April, 1985.

JUDGEMENT

The temporary allotment of the petitioner in village Kharlanwala, Tehsil Hafizabad, District Gujranwala was cancelled by the Additional Settlement Commissioner/ Chief Settlement Commissioner vide order, dated 1612-1976. During the pendency of the cancellation proceedings the petitioner had applied for being sold the land in his possession. The above-titled Constitutional petition was filed to challenge the afore mentioned order of cancellation of the allotment. During the pendency of the writ petition, the application of the petitioner for sale of the land in dispute has been accepted by the Settlement authorities and a mutation of sale in his favour has been sanctioned by A.C. II on 23-8-1978. The petitioner having got the relief, learned counsel on the instructions of the petitioner and on his own authority stated that in the circumstances he would like to withdraw this petition. This is dismissed as withdrawn. There shall be no order as to costs.

H . B . T.

Petition dismissed.

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