Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185 (3)-Land Reforms Regulation, 1972 [M. L. R. 115], para. 7-Leave to appeal granted in case arising out of proceedings under law relating to Land Reforms, for examination whether High Court, in constitutional jurisdiction, was justified in interfering with decision of authorities concerned on a question which, as pleaded was of fact. (b) Constitution of Pakistan (1973)- ---Art. 199-Land Reforms Regulation, 1972 [M. L. R. 115], para. 7­High Court in exercise of Constitutional jurisdiction, can interfere with findings of fact by a functionary under Land Reforms Law. (c) Land Reforms Regulation, 1972 [M. L. R. 115] -- Para. 7-Constitution of Pakistan (1973), Art. 199-Proceedings under laws of Land Reforms-Ordinary considerations applicable to judicial proceedings may not be followed by superior Courts, stricto senso but only their spirit may be kept in view. Mian Rafi-ud-Din and others v. Chief Settlement and Rehabilitation Com­missioner and others P L D 1971 S C 252 ref. (d) Land Reforms Regulation, 1972 [M. L. R. 115] -- Para. 7--Constitution of Pakistan (1973), Art. 199-Conferment of ultimate and final revisional jurisdiction on Federal Land Commis­sion with a Chairman who not only held a ministerial portfolio in Central Government but also belonged to, and held an important office of, a political party-Held: Norms of public policy in such unusual circumstances could not be equated with otherwise normal situations­ Judicial exercise in performance of functions in final revisional jurisdic­tion by Federal Land Commission, might in given cases, not have remained uninfluenced by other considerations-High Court, therefore, in its constitutional jurisdiction, would be justified in making departure from normal practice and procedure in such like cases regarding treatment of facts, for declaring whether or not a particular order was or was not without lawful authority-Court may, in appropriate circumstances, remit case to Tribunal concerned for deciding question left undecided, or it may itself proceed to determine matter if relevant material is already present in record and such determination would not entail an enquiry…

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