MUHAMMAD SHARIF vs FEDERAL GOVERNMENT, MINISTRY OF RELIGIOUS
This matter arises from a judgment of the Lahore High Court which dismissed writ petitions challenging a revisional order passed by the Federal Government under section 17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, on the ground that a writ petition is not competent against a revisional order. The core legal question before the Supreme Court was whether the constitutional jurisdiction of the High Court under Article 199 of the Constitution of Pakistan is barred against a revisional order passed under the said Act. The Supreme Court held that the constitutional jurisdiction of the High Court under Article 199 is subject only to the Constitution and not to any ordinary law, and therefore a writ petition is fully competent against such a revisional order. The impugned judgment of the High Court was set aside, and the writ petitions were remanded to the High Court for fresh disposal on merits.
- Is a writ petition competent against a revisional order passed under section 17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975?
- Whether the constitutional jurisdiction of the High Court under Article 199 of the Constitution of Pakistan can be barred by ordinary legislation?
- Section 17, Evacuee Trust Properties (Management and Disposal) Act 1975
- Article 199, Constitution of Islamic Republic of Pakistan
FAQIR MUHAMAD KHOKHAR, J.--- The petitioners as well as the respondent No,5 filed Writ Petitions Nos.5005 and 6273 of 1993 respectively in the Lahore High Court, Lahore, against order, dated 12-5- 1993, passed by the Federal Government under section 17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, (hereinafter referred to as the Act) which were dismissed by the impugned judgment, dated 14-1-2002, primarily on the ground that a writ petition was not competent against a revisional order.
2. The learned counsel for the petitioner submitted that the dispute between the petitioner and the respondents was regarding tenancy of a Shop No,C-1201, Wacho Wali Bazar near Soha Bazar, Rang Mahal, Lahore, of the Evacuee Trust Property Board. The revisional order passed by the Federal Government under the provisions of section 17 of the Act was subject to the constitutional jurisdiction of the High Court under Article 199 of the Constitution of Islamic Republic of Pakistan. It was not a case of exercise of revisional jurisdiction under C.P.C. Therefore, the same was justifiably challenged as being without lawful authority and of no legal effect and the High Court was possessed of the jurisdiction to determine the legal questions and the foundational facts involved in the case.
3. The learned counsel for the respondents Nos.1 to 4 could not controvert the pleas taken by the learned counsel for the petitioners,
4. Despite the best efforts of the petitioners, whereabouts of respondent No,5 could not be traced out.
5. We have heard the learned counsel for the parties at length and have also perused the available record. The constitutional jurisdiction of the High Court under Article 199 is not subject to any law but subject to the constitution only. Therefore, a writ petition was competent against a revisional order passed by the Federal Government under section 17 of the Act. In our view the impugned judgment of the High Court is not IB sustainable at law.
6. For the foregoing reasons, this petition is converted into appeal and the same is allowed. The impugned judgment, dated 14-1-2002 passed by the High Court is set aside. Consequently, the Writ Petitions Nos.5005 and 6273 of 1993 shall be deemed to be pending before the High Court for fresh disposal on merits and in accordance with law. No order as to costs.
Petition/.