Case Details

Citation(s)
1971 SLG 274 1971 SLD 274 1971 SCMR 469
Supreme Court of Pakistan
Civil Appeals Nos. 71, 72, 76 of 1966 and 192 of 1969, decision dated: 3rd May 1971
M. R. KHAN, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ

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DILMIR--Appellant

VS

MAJOR MOHAMMAD AKBAR ALI AND 2 others--Respondent SARDAR KHAN---Appellant vs MAJOR MAZHAR HUSSAIN AND another--Respondents ASHIQ HUSSAIN---Appellant vs BORDER COMMITTEE, TEHSIL QASUR AND 4 OTHERSÂ--Respondents Haji JAMALUDDI

Law:

Section:

West Pakistan Border Area Regulation, 1959 [M. L. R. (Zone B) No. 9] paras. 10(a) & 15 and Constitution of Pakistan (1962), Art. 98-Order of Border Area Committee (cancelling allotment) made before 8-6-1962 i.e. prior to commencement of Constitution of Pakistan, (1962)--Not open to challenge in any Court-Order made on or after 8-6-1962 however not immune from attack-Order (cancelling allotment) made on 12-8-64-High Court, held, not justified in not entertaining writ petition on ground that its jurisdiction was barred-Case remanded to High Court for disposal on merits. Muhammad Khan v. Border Allotment Committee P L D 1965 S C 623 distinguished. Mehr Din v. Border Area Committee P L D 1970 S C 311 ref. Civil Appeal No. 71 of 1966 Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by M. Aslam Chattha, Advocate-on-Record for Appellants. Respondent No. 1 : Ex parte. Abdul Mannan, Advocate Supreme Court instructed by Salim Ahmad Malik, Advocate-on-Record for Respondents Nos. 2 and 3. Civil Appeal No. 72 of 1966 Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by M. Aslam Chattha, Advocate-on-Record for Appellants. Respondent No. .l : Ex parse. Abdul Mannan, Advocate Supreme Court instructed by Salim Ahmad Malik, Advocate-on-Record for Respondents Nos. 2 and 3. Civil Appeal No. 76 of 1966 Azimuddin, Advocate Supreme Court instructed by Sh Abdul Karim, Advocate-on-Record for Appellant. Abdul Mannan, Advocate Supreme Court instructed by Masood Akhtar, Advocate-on-Record for Respondent No. 1. Respondents Nos. 2 to 5 : Ex pane. Civil Appeal No. 192 of 1969 M. Anwar Buttar, Advocate Supreme Court with Muhammad Ilyas Khan, Advocate Supreme Court instructed by M. Z. Khalil, Advocate-on-Record for Appellant. Abdul Mannan, Advocate Supreme Court instructed by Masood Akhtar, Advocate-on-Record for Respondent. Dates of hearing : 30th April and 3rd May 1971. JUDGMENT M. R. KHAN, J.-These appeals, other than Civil Appeal No. 76 of 1966, are by our special leave. Civil Appeal No. 76 of 1966 is, however, a certificated appeal. All these appeals involve a common question of law and this judgment will dispose of all of them. In all these cases, different…
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