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FATEH MUHAMMAD versus IJAZ HUSSAIN


Constitution of Pakistan 1973 Article 199 Withdrawal of Property and Homelessness Act (XIV of 1975) Act, Section 2 Constitutional Petitions The petition against the applicants is still processed by the informed officer and the matter is in the preliminary stage. I am in and there is no negative order against the applicants. The Constitutional application approved by this officer has so far been rejected prematurely

1987 C L C 1025

[Lahore]

Before Fazl‑i‑Mahmood, J

FATEH MUHAMMAD and 5 others‑‑Petitioners

versus

IJAZ HUSSAIN and 9 others‑‑Respondents

Writ Petition No. 484‑R of 1981, decided on 8th May, 1983.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 199‑‑Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2‑‑ Constitutional petition‑‑ Application given by respondents against petitioners still under process by notified officer and matter at stage of infancy and no adverse order against petitioners as yet passed by that officer‑‑Constitutional petition dismissed as premature.

Petitioner in person.

Ch. Muhammad Hassan and Ch. Muhammad Nazir Ahmed for Respondents.

Date of hearing: 8th May, 1983.

JUDGMENT

This writ petition has been filed at a stage when an application given by the respondents against the petitioners is still being processed by the officer notified as Additional Settlement Commissioner, respondent No. 10. The writ petitioner, therefore, per se is premature as no order adverse to the petitioners has been passed. The petitioners are also contesting the competency of the proceedings before the notified officer as well as on other grounds.

2. Ch. Muhammad Nazir Ahmed learned legal Adviser for the Settlement Department states that no adverse order against the petitioners have yet been passed by any officer and the matter is in stage of infancy.

This writ petition is accordingly dismissed as being premature. However, it may be observed that it will be open for the petitioners to raise whatever pleas are available to them before the notified officer who will attend to the same. There shall, however, be no order as to costs.

M.Y.H./F‑5/L Petition dismissed.

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