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Civil Petition for Special Leave to Appeal No. 274 of 1980, decided on 13th October, 1981.
(On appeal from the judgment, dated 16‑12‑1979 of the Lahore High Court, Lahore in Writ Petition No. 472‑R of 1974).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185 (3)‑‑Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11‑‑High Court remanded case to Settlement Authorities for decision afresh with certain directions, principal one being to record finding with regard to nature and character of land in dispute at time of partition as to whether it was agricultural land or Sakni land‑‑Order of remand passed by High Court unexceptionable and required no interference‑‑Leave refused.
Ch. Hafeez Ahmad, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 13th October, 1981.
This petition for leave to appeal is directed against the order of a learned Single Judge of the Lahore High Court, dated 16‑12‑1979, passed in Writ Petition No.472‑K of 1974.
The learned Single Judge, by his impugned order, accepted the writ petition filed by Allah Rakha, Respondent No.1 herein, and remanded the case to the Settlement Commissioner for decision afresh 'with certain directions; the principal one being to record a considered finding with A regard to the nature and character of land at the time of the Partition, namely, 14‑8‑1947 i.e. whether it was agricultural land or Sakni land.
The petitioner herein had been transferred the area in dispute on the footing that it was agricultural land and incoming to this conclusion reliance was placed upon a copy of the Register Haqdaran for the year 1944‑45, wherein the plot was described as agricultural land and upon a copy of the Jamabandi for the year 1950‑51 which also indicated that the plot in dispute was under cultivation. However, the Jamabandi which was really in point namely, the special Jamabandi for the year 1946‑47 was not referred to.
In the above circumstances, we feel that no 'legitimate exception can be taken to the order of remand passed by the High Court which does not require any interference. The petitioner, during the remand proceedings, will, however, be at liberty to take all the pleas available to him under the law.
This petition, with the above observations, stands dismissed.
M . Y . H . Petition dismissed.
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