| Citation(s) |
|---|
| 2001 SLG 2493 2001 SLD 2493 2001 CLC 1090 |
Supreme Court (AJ&K)
Civil Appeals Nos.89 and 88 of 2000, decision dated: 27-03-2001.(On appeal from the judgment of the High Court dated .17-5-2000 in Writ Petition No. 199 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
Ch. Shah Wali, Advocate for Appellant (in Civil Appeal No. 88 of 2000 and for
Respondent No. 5 in Civil Appeal No. 89 of 2000). Ch. Muhammad Sharif Tariq, Advocate for
Respondent No. 1 (in Civil Appeals Nos.88 and 89 of 2000). Raja Muhammad Siddique Kha
Civil Appeals Nos.89 and 88 of 2000, decision dated: 27-03-2001.(On appeal from the judgment of the High Court dated .17-5-2000 in Writ Petition No. 199 of 1999)
SARDAR SAID MUHAMMAD KHAN, C.J. AND MUHAMMAD YUNUS SURAKHVI, J
Ch. Shah Wali, Advocate for Appellant (in Civil Appeal No. 88 of 2000 and for
Respondent No. 5 in Civil Appeal No. 89 of 2000). Ch. Muhammad Sharif Tariq, Advocate for
Respondent No. 1 (in Civil Appeals Nos.88 and 89 of 2000). Raja Muhammad Siddique Kha
Raja SARDAR KHAN and others
VS
ASHIQ.HUSSAIN and others
Law:
Section:
(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-------S. 43(6)---Review of order by Custodian---Essentials---Custodian must issue notice to the. opposite-party and the Rehabilitation Authorities before reviewing his order. Suleman v. Custodian, Evacuee Property, West Pakistan, Lahore PLD 1971 Lah. 77; Kh. Muhammad Ayub v. Mirza Tazarrat Hussain 1999 CLC 840; Sh. Muhammad Yaqoob v. AJ&K Council 1992 SCR. 276; Mst. Gulzar Begum v. Asif 1994 SCR 116; Habibullah Gannale v. Wajahat Rashid Baig 1999 PLC (C.S.) 615; Saleem Akhtar v. Judge Family Court 1997 SCR 381; Raja Muhammad Ashraf Khan Kayani v. Azad Government 1998 PLC (C. S.) 110 and Inspector-General Prisons v. Ghulam Muhammad Lolabi 2000 YLR 2133 ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 43(6)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Failure to raise law point before Tribunal or Authority below and in memorandum of writ petition---Effect---Judgment of the Custodian passed in review was set aside by the High Court on the ground that Custodian had not issued notice to Rehabilitation Authority before reviewing his order---Said point had neither been raised before the Custodian nor in the memorandum of writ petition before High Court--Failure to raise the point before the concerned Tribunal or Authority whose order was subsequently challenged by filing a writ-petition, was altogether a different matter from the failure to raise point which pertained to the Appellate Jurisdiction of the ,High Court or a Tribunal---Relief in exercise of writ jurisdiction was discretionary in nature and it was incumbent upon the party concerned to raise the point in support of his contention before the Tribunal or the Authority, otherwise such point could not be made basis for annulling the order of such Tribunal or Authority by filing a writ petition especially so when writ petition could not be dismissed on such point---High Court was not justified to issue writ in the case on a point which was neither raised before the Custodian nor , in the memorandum of writ petition filed before it---Failure to issue notice to…
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