27/2010 Const. P. Nooruddin and 05 others (Petitioner) V/S Federal Land Commissioner and others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
27/2010 Const. P. Nooruddin and 05 others (Petitioner) V/S Federal Land Commissioner and others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 25-JAN-22
The pivotal questions involved in the present proceedings are whether the subject land surrendered under Martial Law Regulation (MLR) 64 of 1959, which was resumed by Deputy Land Commissioner (DLC) Hyderabad vide order dated 17.6.1959, and its subsequent allotment to the petitioners became Qabuli Land? And, whether Civil Suit No.40/1972 filed by respondent No.7 was rightly decreed vide judgment and decree dated 23.10.1974, and its viries, could be called in question in Constitution Petition, in the terms paragraph 19 and 26 of Martial Law Regulation-1972? And, whether the Chief Land Commissioner, Sindh could pass the order after the judgment of Honorable Supreme Court in the case of Qazalbash Waqf, to re-determine of holding declaration under MLR/115/72 and LR-II/77 after the surrender of the excess land by the declarant, its resumption by the government; and its subsequent allotment to the petitioners in the year 1959 and 1960?