Law: Constitution of Pakistan, 1962

Section: 98

Constitution of Pakistan (1962), Art. 98-Writ-Complicated questions of fact involving controversies to be resolved on basis of evidence-Cannot be decided in writ proceeding. It is settled law now that complicated questions of fait raising controversies which need to be resolved by taking evidence cannot be decided only on affidavits under the extraordinary Writ Jurisdiction of High Court. Civil Appeal No. 4-D of 1962 fol. Dates of hearing : 9th and 15th January 1968. JUDGMENT B. A. SIDDIKY, C. J.-The case of the petitioners, who have challenged certain Notifications and Orders of the Government of East Pakistan as well as of respondent No. 2, the East Pakistan Inland Water Transport Authority, is that they are the owners of R. S. Plots Nos. 9226-B, 9226-D and 9226-F of Sheet No. 16Ka of Mouza Dacca Shahar which lie to the south of the godowns of the petitioners standing on the bank of the river Buriganga and extend into the bed of the river Burigana beyond the highest water level and that they are in possession of the said plots by loading and unloading boats that they own and hire for carrying merchandise in which they deal in and also by stocking these merchandises temporarily on the bank of the river. These lands, it is asserted by the petitioners, have been recorded in the name of the predecessor -in-interest late Haji Osmanuddin Bhuiyan who filed this petition under Khatian No. 24 of the aforesaid Monza. During the Petty Settlement Records the lands of the plots mentioned above were renumbered as plots 3, 5 and 6 of Sheet No. 16Ka. The petitioners' claim to have a jetty in the above Ghat (known as the Chota Katara ghat) extending up to the bed of the river. The business of the petitioners as claimed, is extending for over 30 years and during this period it is asserted that the petitioners had not to pay any terminal taxes to any one for their boats or for the boats hired by them, rather if any tax was payable for using the Ghat by anybody, it was payable to the petitioners as they are the owners of the foreshore lands. This ownership of the petitioners is claimed on the basis of a lease obtained from the private owners of the lands and thereafter…