RAFIULLAH KHAN vs SETTLEMENT COMMISSIONER AND Other
This matter came before the Supreme Court of Pakistan as an appeal against a remand order passed by the High Court. The core legal question concerned the validity of the remand and whether the Settlement Commissioner had jurisdiction to decide the case at the relevant time. During the proceedings, counsel for both parties reached a consensus to withdraw the appeal, provided that the remand proceedings before the settlement authorities proceed without being influenced by any prior observations or opinions expressed by the High Court in its Single or Division Bench judgments. The Supreme Court accepted this withdrawal, allowing the settlement authorities to adjudicate the matter afresh based on their independent assessment of the merits and evidence. Consequently, the Court declined to rule on the jurisdictional issue regarding the authority of the officials involved, leaving that question open for future determination. The appeal was disposed of as withdrawn, with the parties granted liberty to lead evidence in accordance with law during the remand proceedings.
- Can an appellate court dispose of an appeal as withdrawn based on the mutual consent of the parties?
- Does a remand order require settlement authorities to decide a case independently of prior High Court observations?
- Is the Supreme Court required to decide a jurisdictional question if the parties withdraw the appeal before adjudication?
ORDER
KARAM ELAHEE CHAUHAN, J.-Both the learned counsel for their respective parties agree that as order under appeal is only of remand, they would in the circumstances rather take the chance of arguing the case before the settlement authorities concerned. They further submit that in this view of the matter, any expression of opinion made by the High Court---(either by the Single Bench or by the Division Bench)--it should be directed, should not influence the authorities concerned on the merits of the case, and that, the said authorities should be left free to take an independent view of their own while adjudicating upon the matter afresh: With- these submis--sions the learned counsel for the appellant withdraws the appeal, and the learned counsel for the contesting respondent has no objection to the remand proceeding being taken up accordingly.
2. In this state of affairs we do not want to express any view on the point whether Ch. Ali Ahmad or Sh. Muhammad Rafiq bad the jurisdiction to decide this case at the relevant time and leave the aforesaid point open for consideration on any other appropriate occasion in some more appropriate case.
3. The present appeal is disposed of as withdrawn in the terms mentioned above and it is further clarified that in the remand proceedings the parties shall be at liberty to support their respective pleas by leading such evidence as they may like to adduce in accordance with law and the author--ities concerned will be free to decide the case according to their independent view uninfluenced' from any observation of the High Court as above-men--tioned. There shall be no order as to costs.