ABDUL HAMEED and others vs SETTLEMENT AUTHORITY and others
This petition for leave to appeal arises from a judgment dismissing a writ petition concerning the disputed transfer of property previously subjected to auction proceedings. The core legal question is whether the petitioners, who admitted to not submitting any prescribed forms for allotment, could legally claim the disputed property against a refugee whose predecessor-in-interest had duly submitted forms and established entitlement. The Supreme Court held that since the petitioners failed to submit any forms and could not lay claim to the property on any valid score, no illegality was found in the impugned orders. Consequently, the petition was dismissed and leave to appeal was refused, affirming that property transfer must strictly follow the established statutory verification of claims and submission of prescribed forms.
- Can a person claim the transfer of a disputed property without submitting the requisite allotment forms?
- Whether an auction of property can be set aside in remand proceedings upon verification of refugee status and form submission?
- Does the failure to point out any jurisdictional defect or illegality in the lower forum's order warrant interference by the Supreme Court?
ORDER
1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 1-4-2002, whereby Writ Petition No,266/R of 1995 filed by the petitioners was dismissed.
2. ' Facts briefly for the disposal of this petition are that Muhammad Shafi, husband of respondent No,2, was a refugee from Jammu and Kashmir. It is the case of the petitioners that they are also refugees from Jammu and Kashmir and are occupying the disputed property alongwith respondent No,2 since creation of Pakistan. They filed forms which were misplaced whereupon the disputed property was auctioned on 17-5-1966which was confirmed on 2nd June, 1966. The husband of respondent No,2 took exception to the auction proceedings by filing an appeal whereupon through order dated 2nd January, 1967, the Settlement Commissioner, Sialkot remanded the case and directed the Deputy Settlement Commissioner to decide, whether Muhammad Sultan and others (appellants in Settlement Appeal) were refugees from Jammu and Kashmir and if so whether they submitted forms for the allotment of the disputed property. A direction was also given that if it was proved that they submitted forms then the disputed property be transferred to them on those forms otherwise the property would be put to restricted auction among the refugees from Jammu and Kashmir.
3. After the remand, the Deputy Settlement Commissioner, Sialkot, took up the matter and found Muhammad Shafi, the predecessor-ininterest of respondent No,2 as a refugee from Jammu and Kashmir, who had filed form for the allotment of the property and consequently the same was allotted to the widow of respondent No,2. Admittedly, petitioners have not submitted any form and cannot lay claim on the disputed property on any score.
4. ' Learned counsel for the petitioners has failed to point out any illegality in the impugned order warranting interference by this Court. Resultantly this petition is dismissed and leave is refused.
Cited by 3 cases
- ZULFIQAR ALI and 5 otherss vs MUHAMMAD SULTAN and 5 others 2013 MLD 1904
- TASNEEM ISMAIL and others vs Messrs WAFI ASSOCIATES and others 2007 SCMR 1464
- TASNEEM ISMAIL etc. vs M/s WAFI ASSOCIATES etc. 2007 PLJ SC 1005