| Citation(s) |
|---|
| 1994 SLG 364 1994 SLD 364 1994 PLD 160 |
Supreme Court of Pakistan
Civil Appeals No.131-K to 133-K of 1986, decision dated: 29-12-1991 (On appeal from the judgment dated i1-10-1984 of the High Court of Sindh, Karachi, in Constitution Petition No.S-91 of 1978).
MUHAMMAD AFZAL ZULLAH, CJ SHAFIUR R,AHRNAN AND SALEEM AKLITAR, JJ
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Appellants. Ali Akbar, Advocate-on-Record No. 3. Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Appellants. A
Civil Appeals No.131-K to 133-K of 1986, decision dated: 29-12-1991 (On appeal from the judgment dated i1-10-1984 of the High Court of Sindh, Karachi, in Constitution Petition No.S-91 of 1978).
MUHAMMAD AFZAL ZULLAH, CJ SHAFIUR R,AHRNAN AND SALEEM AKLITAR, JJ
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Appellants. Ali Akbar, Advocate-on-Record No. 3. Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Appellants. A
Mst. SALEEM KHATOON and another
VS
THE DEPUTY COMMISSIONER/AUTHORISED OFFICER and 2 others
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-------Ss. 10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether Deputy Settlement Commissioner (Land) had no jurisdiction to` initiate proceedings -for the cancellation of allotment of land in question, under Ss. 10 & 11, Displaced Persons (Land Settlement) Act, 1958; after its repeal by Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, where under, only pending proceedings could be continued. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----). 2(2)---Constitution of Pakistan (1973), Arts. 199 & 185---Constitutional jurisdiction of High Court not to be controlled by sub-constitutional legislation placing limitations vis-a-vis, pending proceedings on . powers of Settlement Authorities---High Court having declined to interfere with findings of fact going against allottee, such refusal could not be made subject of jurisdictional attack, vis-a-vis, the pendency qualification---Even if Settlement Authorities could not assume jurisdiction, High Court's action, one way or the other, under Art.199 of the Constitution, could not be termed as assailable on account of the condition of pendency of proceedings before Settlement Authority---High Court not only declined to interfere with findings of fact but also affirmed those findings---Even without such affirmation finding of High Court would also be treated as refusal to exercise discretion by the High Court in its Constitutional jurisdiction---High Court's finding affirming finding of Settlement Authority was maintained in circumstances. Fakhruddin G. Ebrahim, Senior Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Appellants. Ali Akbar, Advocate-on-Record for Respondent No.3. Date of hearing: 29th December, 1991. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---These appeals through leave of the Court are directed against the dismissal by the High Court of appellants' Constitutional (Writ) Petitions which had arisen out of settlement of land under the Displaced Persons…
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