ADNAN HUSSAIN and others vs GHULAM HAIDER and otherss
This matter comes before the Supreme Court of Pakistan through petitions for leave to appeal directed against a consolidated judgment of the Lahore High Court. The core legal questions involve whether the impugned judgment violates established facts and law, whether the order of the Chairman of the Federal Land Commission achieved substantial justice and should not have been set aside in equitable writ jurisdiction, and whether tenants possess the requisite locus standi or cause of action to maintain a writ petition. The Supreme Court heard the learned counsel for the parties and granted leave to appeal to consider these points while suspending the operation of the impugned judgment pending final decision of the appeals. The key principle relates to the examination of writ jurisdiction against orders passed by land commission authorities and the locus standi of tenants in constitutional petitions.
- Whether the impugned judgment is against the facts and law laid down by this Court?
- Whether order of the Chairman, Federal Land Commission has done substantial justice and was not liable to be set aside in equitable writ jurisdiction?
- Whether the tenants have no locus standi or cause of action to file writ petition?
ORDER
1. ' SYED DEEDAR HUSSAIN SHAH, J.--- By this common order we intend to dispose of the above- mentioned petitions for leave to appeal, which are directed against a consolidated judgment of the Lahore High Court, Lahore, dated 23-10-2001, passed in Writ Petitions Nos.2693 of 1990, 3046 of 1991 and 1525 of 1991, respectively.
2. ' After hearing the learned counsel for the parties, leave to appeal is granted in the above- mentioned petitions, inter alia, to consider the following points:--
(i) Whether the impugned judgment is against the facts and law laid down by this Court?
(ii) Whether order, dated 18-3-1990 of the Chairman, Federal Land Commission has done substantialjustice and was not liable to be set aside in equitable writ jurisdiction?
(iii) Whether the tenants have no locus standi or cause of action to file writ petition.
3. ' Operation of the impugned judgment is suspended till the final decisions of the appeals.
4. Leave to appeal granted.