Whether the High Court properly exercises its jurisdiction when declaring an order without lawful authority without considering the lower forum's finding that the underlying proceedings were not maintainable?

1985 SCMR 1503(2)

Capt. AZMAT HAYAT KHAN And Others vs YOUSAF MASIH And Other

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Citation1985 SCMR 1503(2)

CourtSupreme Court of Pakistan

Case No.Civil Petition No. 933 of 1975 Writ Petition No. 776-R of 1969

Date1984-05-29

Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain

ResultLeave granted

Summary

This matter arose from a petition for leave to appeal against a High Court judgment that accepted a constitutional writ petition filed against the order of the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner, Sargodha. The Chief Settlement Commissioner had dismissed a revision petition filed under Section 11 of the Displaced Persons (Land Settlement) Act 1958 challenging an allotment made in 1960 on the ground that it was not maintainable. The core legal question before the Supreme Court was whether the High Court properly exercised its jurisdiction in declaring the Chief Settlement Commissioner's order without lawful authority without adverting to the preliminary finding regarding the non-maintainability of the revision petition. The Supreme Court granted leave to appeal to examine this issue, directed security to be deposited, and ordered the maintenance of status quo during the pendency of the appeal. The judgment highlights that the High Court must consider key procedural findings made by lower forums when reviewing their decisions in writ jurisdiction.

Questions settled in this judgment

Whether the High Court properly exercises its jurisdiction when declaring an order without lawful authority without considering the lower forum's finding that the underlying proceedings were not maintainable?

Laws & provisions referred

Section 11, Displaced Persons (Land Settlement) Act 1958

leave to appealsettlementrevision petitionmaintainabilitywrit petitionstatus quo

ORDER

1. NASIM HASAN SHAH, J.--The High Court accepted a writ petition directed against the order, dated 17-7-1969 passed by the Deputy Commissioner exercising the powers of the Chief Settlement Commissioner, Sargodha, dismissing the revision under section 11 of the Displaced Persons (Land Settlement) Act, 1958, lodged before him on 3-4-1968. Whereby the order of the allotment made in 1960 in favour of the petitioners was challenged, as being not maintainable. While so doing, the High Court did not at all advert to the finding of the Chief Settlement Commissioner, on which he had dismissed the petition under section 11, namely, that it was not maintainable. The question, inter alia, whether the High Court's order holding the order of the Chief Settlement Commissioner, dated 17-7-1969 as without lawful authority was passed in proper exercise of its jurisdiction, requires further consideration.

2. Security Rs.1,000.

3. Status quo to be maintained during the pendency of the appeal