Law:

Section:

(a) West Pakistan Border Area Regulation, 1959--- ----(M.L.R. 9), Para. 13(a)---Allotment of land had been made at a time when there was a complete prohibition against any allotment by the Border Area Committee within the Municipal Committee of the specified area---Allotment of land by the Committee during the said period was in clear violation of the prohibition and thus not only the said allotment was totally without jurisdiction but the entire superstructure built upon the same was also without any lawful foundation. (b) Constitution of Pakistan--- ----Art. 185---Appeal/petition for leave to appeal to Supreme Court---Maintainability---Contention was that where an Intra-Court appeal was competent before a High Court, there a petition or appeal could not be filed by a party to the case before Supreme Court without availing of the remedy of filing such Intra-Court appeal before the High Court---Validity---Held, a window had been kept open by Supreme Court for entertaining a petition or appeal before Supreme Court without insisting upon filing of an Intra-Court appeal before the High Court if the exceptional circumstances of a case so warranted---Issue involved in the present ,case was based upon a rule of practice regulating exercise of discretion, which did not oust or abridge the constitutional jurisdiction of Supreme Court. Commissioner of Income Tax and others v. Messrs Media Network and others PLD 2006 SC 787 and Chaudhry Muhammad Ilyas Gujjar v. Chief Election Commission of Pakistan and others (Civil Petition No.317 of 2010) fol. Ch. Muhammad Ashraf, Advocate Supreme Court for Appellant. Amir Zahoor Chohan, Advocate Supreme Court for Respondent No.1. Ms. Aaliya Neelum, Advocate Supreme Court for newly impleaded respondents through C.M.A.No.56-L/2010 and legal heirs of Respondent No.2. Iqbal Mehmood Awan, Advocate Supreme Court and Saeed-ur-Rehman Farrukh, Advocate Supreme Court for Respondent Nos. 3 to 5. Ghulam Farid Sanotra, Advocate Supreme Court for Applicant. Date of hearing: 17th March, 2011. JUDGMENT ASIF SAEED KHAN KHOSA, J.---The record of this appeal by leave of the Court is voluminous but the point in issue is quite simple and, therefore, we…

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