ASHRAF HUSSAIN And Others vs M.A. HAQUE, C.S.P., CHIEF SETTLEMENT
This is a petition for leave to appeal directed against the judgment of the Lahore High Court dated 4-4-1983, which dismissed the petitioners' settlement revision challenging the legality of an order passed by the Chief Settlement Commissioner on 12-2-1971 withdrawing an earlier order dated 21-10-1970. The core legal question revolves around whether the petitioners are entitled to retain seventeen acres of urban land in Sillanwali against their pending urban and rural units. During the hearing, upon being informed by the caveator's counsel that a civil appeal involving similar points had already been heard by the Supreme Court at Rawalpindi with judgment reserved, the Court deemed it appropriate to grant leave to appeal to await the outcome of the said connected appeal. The Court ordered the petition to be kept pending and placed before the Court upon the delivery of the decision in the referenced civil appeal, subject to furnishing security in the sum of Rs. 2,000.
- Are petitioners entitled to retain seventeen acres of urban land in Sillanwali against their pending urban and rural units?
- Can the Chief Settlement Commissioner lawfully withdraw an earlier settlement order?
ORDER
1. ALI HUSSAIN QAZILBASH, J.-- This is a petition for leave to appeal against the judgment' of the Lahore High Court, dated 4-4-1983, whereby the Settlement Revision of the petitioners challenging the legality of the order of the Chief Settlement Commissioner, dated 12-2-1971 whereby he withdrew his earlier order made on 21-10-1970, has been dismissed.
2. 2.The main point, besides others, in this petition is whether the petitioners are entitled to retain 17 -- acres of urban land in Sillanwali against their pending urban as well as rural units. The learned counsel for the petitioners has been heard in this case at some length when' the learned counsel for the caveator informed us that a civil appeal on similar points has been heard by this Court at Rawalpindi and the judgment is reserved. He prayed that this petition be kept pending till the decision of the said civil appeal. In view of the above information, we think that it would be in the fitness of things if leave is granted in this case. Orders accordingly. Security--Rs.2,000. This case be placed before the Court as soon as the decision in the civil appeal quoted above is made.