NOORALI BANA AND 9 Others vs THE PROVINCE OF SIND THROUGH THE CHIEF
This matter concerns a petition for leave to appeal against the dismissal of an intra-court appeal by the High Court of Sind & Baluchistan. The petitioners sought a temporary injunction to restrain the Deputy Commissioner, Karachi, from exercising his statutory power to review a predecessor's order regarding land ownership entries in the register of Haq Qabza, while a civil suit for declaration and injunction concerning the same land was pending. The core legal question was whether the court should grant an injunction to halt administrative proceedings when the subject matter is also under civil litigation. The Supreme Court held that the High Court correctly exercised its discretion in refusing the injunction. The Court reasoned that the Deputy Commissioner possessed a statutory right of review and that the balance of convenience favored the respondents. Furthermore, the Court established that no irreparable injury would be caused to the petitioners, as they retained the right to challenge any adverse administrative order in a civil court, thereby precluding the necessity for judicial interference at the interlocutory stage.
- Can a court restrain a Deputy Commissioner from exercising statutory review powers over land records while a related civil suit is pending?
- Is a temporary injunction appropriate when the applicant has an alternative remedy to challenge an adverse administrative order in a civil suit?
- Does the pendency of a civil suit automatically bar administrative authorities from exercising statutory powers of review?
- Order XXXIX Rule 1, Code of Civil Procedure 1908
ORDER
1. WAHEEDUDDIN AHMAD, J.-The Deputy Commissioner, Karachi, is reviewing the order of his predecessor dated the 1st April 1965 giving no-objection to the entry of the names of Mst. Nabat Khanu daughter of Saleh Mohammad and Mohammad son of Bana, in the register of Haq Qabza in respect of an area of 1280 acres of land in Deli Lal Bakhar (un-surveyed) owned and possessed by them. The proceedings are at the stage of recording evidence. The petitioners have filed a suit for declaration and injunction in respect of the above--mentioned land. They have prayed that the Deputy Commis--sioner be restrained from continuing with the proceedings. Along with the suit, the petitioners filed an application for injunction under Order XXXIX, rule 1, C. P. C. To restrain the Deputy Commissioner from exercising his suo motu power of review. This application was rejected.
2. The petitioners challenged this order in L. P. A. No. 209 of 1971, which was dismissed in limine by a Division Bench of the High Court of Sind& Baluchistan, Karachi, on the 5th January 1972. The petitioners seek permission to file an appeal against this order.
3. Mr. Fatehali Vellani, learned counsel for the petitioners, has contended that the dispute in respect of which the Deputy Commissioner is holding enquiry is the subject-matter of civil suit and, therefore, it is a fit case in which he should be restrained from reviewing the order of his predecessor till the decision of the suit. The learned counsel admitted that the Deputy Commis--sioner has a statutory right to review the order of his learned pre--decessor. In these circumstances, we are satisfied that the Court below has rightly refused to issue temporary injunction to the Deputy Commissioner.
4. Balance of convenience is in favour of the respondents. Even if the Deputy Commissioner passes an adverse order against the petitioners they can challenge it in civil suit. No irreparable injury will be caused to the petitioners in case the Deputy Commissioner reviews the order of his learned predecessor. We .Are satisfied that the High Court has exercised the discretion vested in it properly.
5. There is no ground to interfere. The petition is dismissed.