MUHAMMAD YOUSAF AND Others vs DEPUTY SETTLEMENT COMMISSIONER
This matter arises from a petition for leave to appeal concerning the cancellation of land allotment and the rights of informers in settlement proceedings. The core legal question involves whether an informant has the locus standi to maintain a petition when their allotment is cancelled based on a subsequent mukhbari by another informant, and whether urban land can be given in lieu of a rural claim. The Supreme Court of Pakistan held that the points raised require detailed consideration and accordingly granted leave to appeal. The Court ordered that the status quo previously issued shall continue, subject to the petitioners furnishing security for mesne profits to the satisfaction of the Deputy Settlement Commissioner (Land), Faisalabad, within one month. The key principle laid down is that complex questions regarding locus standi in rival informer allotment disputes and the interpretation of settlement circulars warrant a full hearing on appeal.
- Whether an informant has the locus standi to file a petition regarding the cancellation of land allotments?
- Can urban land be allotted in lieu of a rural claim under the applicable settlement laws?
- How are competing claims between rival informers to be adjudicated in settlement matters?
ORDER
1. KARAM ELAHEE CHAUHAN, J.-Learned counsel for the petitioners relies on a letter contained at page 33-34 of the main original file to claim that there is no law that an informant cannot be given urban land in lieu of his rural claim. Learned counsel for the respondents refuses this construction of the aforesaid letter and on the other hand further refers to Abida Khatoon v. Mian Ghulam Shabbir, Settlement Commissioner (PLD 1964 SC 793), Muhammad Ismail v. Chief Settlement Commissioner and others (1974 SCMR 85) and Ata Elahi and others v. Muhammad Shaft and others (1972 SCMR 532) to contend that an informant has no locus standi to file a writ petition or consequently any petition for special leave to appeal, though the answer of the learned counsel for the petitioners is that here the informant had been allotted land in dispute and his aforesaid allotment has later on been cancelled on the subsequent mukhbari of Hazari Khan (respondent) and from that point of view the case in dispute is not between regular allottee but between two informers. The points raised inter alia require consideration. We grant leave to appeal. Security Rs.2,000. Status quo issued earlier to continue provided the petitioners furnish security for mesne profits from 4-9-1968 onward to the satisfaction of the Deputy Settlement Commissioner (Land), Faisalabad, within one month. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.