Case Details

Citation(s)
1963 SLG 3464 = 1963 SLD 3464 = 1963 PLD 819
Sindh High Court
Writ Petition No. 216 of 1961, decided on 20th March 1963.  
Presented By: Qadeeruddin Ahmad and H. T. Raymond, JJ  
G. Safdar Shah for Petitioners.   Khalid Ishaque A. A.-G. for
Respondents Nos. 1-4.   Nemo for
Respondent No. 5.   Date of hearing : 20th March 1963.

Mst. HAJIANI AND OTHERS-Petitioners  

VERSUS

  WEST             PAKISTAN    LAND             COMMISSION,        LAHORE       AND OTHERS-Respondents

Law:

Section:

West Pakistan Land Reforms Regulation, 1959, (C. M. L. A's No. 64), para. 15 read with paras. 3 & 27 - Land Commission's exclusive authority to decide as to who is owner of land and how much land to be resumed by Government-High Court in writ jurisdiction neither judges of facts to be assessed by Land Commission nor do they sit as Appellate Court to revise judgment of Civil Court-Civil Courts' jurisdiction barred-Not competent to issue any injunction to Land Commission - Civil Court not expected to remain in oblivion of limits on their jurisdiction where parties may be acting helpfully to each other in investing Civil Court with jurisdiction.   Held, that the Land Commission is the exclusive authority to decide, while scrutinizing declarations which are submitted to it under paragraph 15 of the West Pakistan Land Reforms Regulation, 1959 as to who is the owner of the land and what part of it may be resumed for the purpose that it may vest in the Government.   The High Court are neither the judges of the facts which were to be assessed by the Land Commission nor are they in writ proceedings the Appellate Court to review the judgment of the Civil Court.   The Civil Court could not issue an order of injunction against the Chief Land Commissioner.   Civil Courts are not expected to act in oblivion of the limits of their jurisdiction, however pleasantly helpful the parties may be to each other.   Paragraph 27, West Pakistan Land Reforms Regulation, 1959 is a complete bar to the jurisdiction of Civil Courts except as indicated in Zafar-ul-Ahsans case P L D 1960 S C 113.   Pahlomal Motiram v. The Chief Land Commissioner P L D 1961 Kar. 384 ; Pir Bux Khan v. Moosa Khan P L D 1962 Kar. 859 and Zafar-ul-Ahsan v. The Republic of Pakistan P L D 1960 S C 113 ref. JUDGMENT   QADEERUDIN AHMED, J.-Three pardah-nashin ladies, who have described themselves as agriculturists, have brought this writ petition to obtain writs in the nature of certiorari, mandamus and prohibition quashing the order of the Land Commission dated the 1st of May 1961 (Annexure H) by which the Commission declined to act according to the decree of the…
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