MUHAMMAD SHAFI vs Maulvi ABDUL AZIZ and another
This matter arises from a petition for leave to appeal against the dismissal of the petitioner's constitutional petition by the Lahore High Court. The land in dispute, measuring 181 Kanals in District Sargodha, was originally confirmed in the petitioner's favour in lieu of mortgagee rights, subsequently cancelled, restored by the Additional Settlement Commissioner, and finally upset by the Settlement Commissioner on the ground that the allotment stood withdrawn before the crucial date of 11-4-1962 under Press Note dated 28-12-1959. The core legal question involves the correct application of the relevant law and administrative instructions governing the allotment of land in lieu of mortgagee rights, particularly regarding the effect of the restoration order and subsequent extension of time by a memorandum. The Supreme Court granted leave to appeal to examine whether the law was correctly applied, holding that arguable questions were raised, and continued the interim stay order.
- Whether the cancellation of land allotment prior to the crucial date affects eligibility under the relevant Press Note?
- Whether the restoration of an allotment by the Additional Settlement Commissioner revives the rights for the purpose of confirmation?
- Whether the subsequent Memorandum extending time supersedes the earlier Press Note regarding mortgagee rights?
ORDER
' M.S.H. QURAISHI, J.-- Land measuring 181 Kanals situate in the area of Chak No,44/N.B., Tehsil and District Sargodha, which had been confirmed in favour of the petitioner in lieu of his mortgagee rights, was cancelled from his name by the D.R.C. (Land and allotteed to respondent No,1 on 1-3- 1961 but on appeal was restored to the petitioner by the Additional Settlement Commissioner on 21- 1-1963. The learned Settlement Commissioner, however, upset this order on 16-4-1966 upon the view that the petitioner did not fulfil the conditions laid down in Press Note No,7975/7329-R(P), dated 28-12-1959 inasmuch as his allotment had been withdrawn on 1-3-1961, i,e,, before the crucial date, that is, 11-4-1962. The petitioner's constitutional petition before the Lahore High Court having failed, he has sought leave to appeal.
2. It is submitted that the leaned Settlement Commissioner erred in holding that the land confirmed in the name of the petitioner had been withdrawn to 1-3-1961, because the order of withdrawal had been set aside and the allotment had been restored in his favour by the Additional Settlement Commissioner on 21-1-1963. It is further submitted that the Press Note dated 28-12-1959 had been superseded by the Memorandum, dated 18-5-1962, whereby the time for exercising the option had teen extended on 31-8-1962. Leave to appeal is, therefore, granted to consider whether the relevant law governing allotment of land in lieu of mortgagee rights has been correctly applied to the petitioner's case. Security Rs,2,500. The stay already granted on 7-1-1975 shall continue on.