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Civil Petition No. 1060 of 1985, decided on 18th December,1985.
(On appeal from the judgment and order, dated 30‑11‑1985 passed by the Lahore High Court in Writ Petition No. 1465lR of 1976).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11‑‑Cancellation of allotment‑‑Review of‑‑Order cancelling allotment attained finality‑‑Unsuccessfully challenged in writ jurisdiction‑‑Leave to appeal sought‑‑Supreme Court, after examination of contentions raised before High Court and reasons given in judgment repelling them, opined that matter had attained finality and cancellation of allotment could not be reviewed through writ petition‑‑Judgment of High Court being unexceptionable, leave to appeal was refused.
Qazi Abdul Hayee, Advocate Supreme Court of Pakistan, Rana Maqbool Ahmad Qadri, Advocate‑on‑Record (absent) for Petitioners.
Syed Abul Aasim Jafri, Advocate‑on‑Record (absent) for Respondents.
Date of hearing: 18th December, 1985.
Two Writ Petitions Nos. 1465‑R of 1976 and 1740‑R of 1976 were filed to impugn the order of the Additional Settlement Commissioner (Lands), dated 26th of August, 1976, by which the appeal of Guru Bakhsh Singh was allowed and "the full share of the property of his deceased evacuee father was cancelled from the Khatas of Aftab Ahmad Khan and Abdul Qadir", and allotted to him. This agricultural land was in Village Jaitheke, Tehsil Daska, District Sialkot and measured 80 Acres. Being one of the two sons who had embraced Islam in 1942, he remained in Pakistan while his other brother Sajan Singh and his father migrated to India.
The dispute is it regard to one half‑share of the land left by Virsa Singh. On his representation, the Rehabilitation Commissioner (Lands) ordered on 7th of February, 1953 that he should be allotted land to the extent of his one half‑share and that the land so allotted should be excluded from allotment under the Rehabilitation and Settlement Scheme in accordance with the order conveyed by him in Memorandum No. 9829‑R(I), dated 15th of December, 1952. But before this order could be implemented, the land was allotted. Thereupon, Ghulam Rasool appealed to the Deputy Settlement Commissioner who by his order, dated 24th October, 1961 directed that as he was entitled to the extent of one half‑share of land surrendered by his father, it should be mutated in his name and in the litigation that followed, the matter went up in revision to the Member, Board of Revenue who dismissed it and ordered that the direction of the Deputy Settlement Commissioner should be implemented and the respondent be allowed to purchase the land to the extent of his own share.
Abdul Qadir alone challenged this order through Writ Petition No..L003 of 1967 which was dismissed on 28th of July, 1967, with the result that the order 'of the Member, Board of Revenue, became final. Aftab Ahmad Khan, the other claimant, did not challenge the order, and, accordingly, allowed it to become final as against him. The order of the Deputy Settlement Commissioner was later implemented as a result of which allotment in favour of both these persons were cancelled.
We have examined the contentions raised before the High Court the reasons given in the judgment repelling them, and are ourselves an of the of the view that the matter has attained finality and cancellation allotment could not be reviewed through the writ petitions.
Accordingly, the judgment of the High Court is unexceptionable. The petition, therefore, fails and is hereby dismissed.
M.I. Petition dismissed.
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