GHULAM MUHAMMAD vs ABDUL KARIM And Other
This petition for leave to appeal was filed against the judgment of the Lahore High Court, which dismissed a constitutional petition challenging the transfer of a plot measuring 17 Marlas and 3 Sarsais by the Administrator (Residual Property) and Deputy Administrator (Residual Property) under the reconstituted Settlement Scheme No. 8. The petitioner had contested the findings of the Settlement Authorities, alleging misreading of evidence and facts. The High Court, after a detailed examination, found no legal infirmity or misreading of evidence that would justify interference under its constitutional jurisdiction. Furthermore, the High Court rejected the petitioner's request for a remand for further inquiry or demarcation, reasoning that such action would lead to frivolous, protracted litigation and a waste of public time. The Supreme Court, upon review, affirmed the High Court's findings, noting that the issues raised were purely factual and lacked any significant question of law. Consequently, the Supreme Court held that the petition lacked merit and dismissed it, reinforcing the principle that constitutional jurisdiction should not be invoked to re-examine factual findings absent a clear legal error.
- Can constitutional jurisdiction be invoked to challenge factual findings of Settlement Authorities where no legal infirmity is established?
- Is a court justified in refusing a remand for further inquiry when such a request would lead to frivolous and protracted litigation?
- Does a petition raising only questions of fact warrant interference by the Supreme Court?
ORDER
S.A. NUSRAT, J.--Leave is sought in this petition from the judgment of the Lahore High Court Rawalpindi Bench, dated 14-3-1984, whereby a Constitutional Petition of the petitioner challenging the orders, dated 29-11-1979 and 30-7-1979 of the Administrator (Residual Property) Rawalpindi and the Deputy Administrator (Residual Property) Rawalpindi transferring a plot measuring 17 Marlas and 3 Sarsais under the reconstituted Settlement Scheme No. 8 was dismissed.
2. In the petition before the High Court the findings of the Settlement Authorities were challenged on the ground of misreading of evidence and facts. After examining the petitioner's case at length, the learned High Court came to the conclusion that no case of any misreading or legal infirmity was made out so as to warrant any interference in the exercise of constitutional jurisdiction. The judgment further goes to show that finally it was prayed on behalf of the petitioner that the case may be remanded for a further inquiry /demarcation of the property in dispute. This prayer prima facie revealed weakness inj petitioner's case and was turned down by the learned High Court, and rightly so, on the ground that such a course would tantamount to frivolous protracted litigation between the parties and waste of public time.
3. We heard the learned counsel in the matter and are not persuaded to disagree with the findings of the learned High Court. The questions raised in this petition are one of fact and no question of law worth consideration arises in the matter. The petition, therefore, has no merit and is dismissed.