| Citation(s) |
|---|
| 2017 SLG 993 2017 SLD 993 2017 PLJ 143 |
Supreme Court of Pakistan
C.P.L.A. No. 864 of 2012, decided on 10.1.2014. Date of hearing: 10.1.2014. (On appeal from judgment of Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat Dated 22.2.2012 passed in W.P. No. 402/2002)
ANWAR ZAHEER, JAMALI, JUSTICE, EJAZ AFZAL KHAN, JUSTICE
Mian Iqbal Hussain, ASC for Petitioners. Mian Gul Hassan Aurangzeb, ASC and Mr. M.S. Khattak, AOR for
Respondents No. 1-9. Mr. Saadullah, Supdt. (Lit.) BOR, Peshawar and Mr. Saraf Ali, Tehsildar, Land Reform Swat for Official
Respondents.
C.P.L.A. No. 864 of 2012, decided on 10.1.2014. Date of hearing: 10.1.2014. (On appeal from judgment of Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat Dated 22.2.2012 passed in W.P. No. 402/2002)
ANWAR ZAHEER, JAMALI, JUSTICE, EJAZ AFZAL KHAN, JUSTICE
Mian Iqbal Hussain, ASC for Petitioners. Mian Gul Hassan Aurangzeb, ASC and Mr. M.S. Khattak, AOR for
Respondents No. 1-9. Mr. Saadullah, Supdt. (Lit.) BOR, Peshawar and Mr. Saraf Ali, Tehsildar, Land Reform Swat for Official
Respondents.
MST. ZEENAT ALAMZEB AND ANOTHER ERS
VS
MIAN GUL AURANGZEB AND OTHERS --RespondentS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 185(3)--Law Reforms Regulation, 1972, Regul. 115--Leave to appeal--Produce index units by way of inheritance--Entitlement of PIUs of all legal heirs--Exercise of getting selected khasra numbers of choice--No notice to legal heirs--Option choice--Principle of audi alteram partem was violated by DCO while granting selected khasra number--Validity--Right to exercise choice available to all legal heirs was a conjoint right, which could not be exercised in isolation or independently by any one of them without notice or opportunity of hearing to other legal heirs having equal interest--No notice of such application or opportunity of hearing was afforded to other interested parties, who are legal heirs of deceased--Division Bench in its impugned rightly upheld grievance of private respondents by granting their two petitions on ground that no opportunity of hearing was afforded them before such decisive action/step in favour of petitioners and thus principle of "audi alteram partem" was violated--Such wrong or any number of similar wrongs could not be made basis to justify claim of present petitioners, which has been now adjudicated afresh by forums in terms of impugned --Not only impugned as regards relief granted to private respondents is well discussed and well reasoned, but even as regards some other similar cases, where other legal heirs/co-owners have succeeded to get selected khasra numbers of their choice behind back of their co-owners--Leave was refused. THIS JUDGMENT DELIVERED BY: ANWAR ZAHEER JAMALI, JUSTICE:---.--- Through this civil petition, leave to appeal is sought by the petitioners against the common judgment in Writ Petitions No. 402 & 438 of 2010 dated 22.2.2012, passed by a learned Division Bench of the Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat, whereby the said petitions filed by the private respondents herein were allowed with the following observations: ".. we have no alternative but to allow both the writ petitions and set aside the impugned orders with the directions to the Deputy Land Commissioner to decide the application of the respondents in presence of all the co-owners strictly…
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