AHMAD DIN vs ALLAH RAKHA
The petitioner sought leave to appeal against the judgment of the Lahore High Court dismissing his constitutional petition. The core legal question raised was whether the Settlement Commissioner was legally bound to decide the case himself instead of remanding or sending it to the Deputy Settlement Commissioner, relying on precedent. The Supreme Court granted leave to appeal to examine this specific legal proposition in detail, directing that the appeal be made ready on the present record and ordering the continuation of the status quo regarding possession.
- Whether the Settlement Commissioner is bound under the law to decide a case himself rather than sending it to the Deputy Settlement Commissioner?
ORDER
1. GHULAM MUJADDID, J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 30-1I-1985 whereby Constitutional petition filed by him was dismissed. The sole contention raised by the learned counsel, for the petitioner was that the Settlement Commissioner was bound under the law to decide the case himself rather than to send it to the Deputy Settlement Commissioner. In support of the aforesaid contention learned counsel relied on the case of Ahmad Din v. Bashir Ahmad and others (PLD 1979 Lah. 330).
2. The point raised by the learned counsel requires detailed examination. We accordingly grant leave to appeal just to examine this very legal proposition. Security Rs.5,000. Appeal to be made ready on the present record. Parties, if they so wish, may file additional documents within a month. Status quo with regard to possession to continue.