| Citation(s) |
|---|
| 1992 SLG 2245 1992 SLD 2245 1992 PLJ 34 |
Supreme Court of Pakistan
Civil Appeal No. 57 of 1991, accepted on 7.3.1992 [On appeal from judgment of High Court, Dated 23.9.1991, in W.P. No. 25 of 1983]. Date of hearing: 29.2.1992.
SARDAR SAID MUHAMMAD KHAN, CJ AND BASHARAT AHMAD SHAIKH, J SARDAR SAID MUHAMMAD KHAN, CJ AND BASHARAT AHMAD SHAIKH, J
Sardar Muhammad Nawaz Khan, Advocate for Appellant. Raja Sher Muhammad Khan, Advocate for
Respondent
Civil Appeal No. 57 of 1991, accepted on 7.3.1992 [On appeal from judgment of High Court, Dated 23.9.1991, in W.P. No. 25 of 1983]. Date of hearing: 29.2.1992.
SARDAR SAID MUHAMMAD KHAN, CJ AND BASHARAT AHMAD SHAIKH, J SARDAR SAID MUHAMMAD KHAN, CJ AND BASHARAT AHMAD SHAIKH, J
Sardar Muhammad Nawaz Khan, Advocate for Appellant. Raja Sher Muhammad Khan, Advocate for
Respondent
BARKAT HUSSAIN--Appellant
VS
Sardar MISRI KHAN--Respondent
Law:
Section:
Writ Jurisdiction-- —Evacuee land-Allotment of-Revision against allotment-Acceptance of-In writ petition, Custodians order quashed-Challenge to—Contention that in writ petition, Custodian whose order was challenged, was not impleaded as party and writ petition was liable to dismissal-This point was not raised before High Court, but since it is a pure question of law which goes to root of case, there is no impediment in raising this point for first time in Supreme Court-Writ does not lie against a private person-Held: Writ petition filed by respondent should have been dismissed on that short ground-Appeal accepted and order of Custodian remanding case to A.R.C. restored. [Pp.3536]A,B,CD PLJ 1990 SC (AJK) 38 and 1990 PSC 1014 rel. PLD 1990 SC (AJK) 23 Not applicable. JUDGMENT Basharat Ahmad Shaikh, J.—Respondent Misri Khan was allotted evacuee land measuring 12 kanals and 7 marlas situated in village Kharick on 21.5.1969. It appears that he claims this allotment in lieu of land left by him in occupied part of the State. Appellant Barkat Hussain filed a revision petition against the order of the allottment mentioned above on 7.7.1981 on the ground that the land allotted to Mirsi Khan was in his possession as an heir of a Shaheed and could not have been allotted to any one else. He explained the delay in filing of the revision petition. The revision petition was accepted by learned Custodian on 30.7.1983 who remanded the case to Assistant Rehabilitation Commissioner Poonch for decision on merits after hearing both the parties. The learned Custodian observed that it was not shown that Misri Khan belonged to those categories of persons to whom evacuee property could be allotted, therefore, he was not found suitable person for the allotment of the land. Mirsi Khan filed a writ petition in the High Court challenging the order of the learned Custodian. The writ petition was accepted and Custodians Order was quashed. Hence this…
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