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Civil Petition No. 933 of 1975, decided on 30th May, 1984.

(On appeal from the judgment, dated 5‑3‑1975 of the Lahore High Court in Writ Petition No. 776‑R of 1969)

‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 11‑‑Order dismissing petition under S. 11 as not maintain able‑‑Interfered with by High Court in writ jurisdiction without adverting to findings of Chief Settlement Commissioner on question of maintain ability‑‑Leave granted to consider whether High Court's order, holding impugned order as without lawful authority, was passed in proper exercise of its jurisdiction.

Malik Muhammad Afzal, Advocate Supreme Court with Hamid Aslam Quraishi, Advocate‑on‑Record for petitioners.

Date of hearing: 30th May, 1984.

The High Court accepted a writ petition directed against the order, dated 17‑7‑1969 passed by the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner, Sargodha, dismissing the revision under section 11 of the Displaced Persons (Land Settlement) Act, 1958, lodged before him on 3‑4‑1968. whereby the order of the allotment made in 1960 in favour of the petitioners was challenged, as being not maintainable. While so doing, the High Court did not at all advert to the finding of the Chief Settlement Commissioner, on which he had dismissed the petition under section 11, namely, that it was not maintainable. The question, inter alia, whether the High Court's order holding the order of the Chief Settlement Commissioner, dated 17‑7‑1969 as without lawful authority was passed in proper exercise of its jurisdiction, requires further consideration.

Leave granted.

Security Rs.1,000.

Status quo to be maintained during the pendency of the appeal

M.I. Leave granted

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