Pakistan Case Law
1989 SCMR 1096

FALAK SHER and others vs SHARIF and others

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Citation1989 SCMR 1096
CourtSupreme Court of Pakistan
Case No.Civil Petition No,875 of 1984
Date1988-09-13
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored bySaad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the High Court, which had dismissed a constitutional petition challenging consolidation proceedings. The petitioners were aggrieved by the consolidation authorities' decision denying them the retention of 60 kanals of land situated in specific rectangles. The core legal question before the Supreme Court was whether the High Court's writ jurisdiction under the Constitution is the appropriate forum to adjudicate grievances arising from the allocation of land during consolidation proceedings. The Supreme Court upheld the High Court's decision, affirming that the High Court was justified in refusing to interfere with the orders passed by the consolidation authorities. The Court reiterated the established legal principle that writ jurisdiction is not the proper forum for agitating grievances against the allocation of land in consolidation proceedings. Consequently, the petition for leave to appeal was dismissed, reinforcing the limitation of judicial review in matters specifically governed by consolidation statutes and authorities.

Questions settled in this judgment
  • Is the High Court's writ jurisdiction the appropriate forum for agitating grievances against the allocation of land in consolidation proceedings?
  • Can the High Court interfere with orders passed by consolidation authorities regarding land allocation?
consolidation proceedingswrit jurisdictionland allocationjudicial reviewconstitutional petition

ORDER

' SAAD SAOOD JAN, J.--The petitioners are dissatisfied with the consolidation proceedings inasmuch as they have not been allowed to retain 60 kanals of land falling in rectangles No,1631 and 1632. Their constitutional petition challenging the order of the consolidation authorities was dismissed by the High Court and they now seek leave to appeal from this Court.

2. It has already been observed in a number of judgments by this Court that the writ jurisdiction is not the proper forum for agitating grievances against the allocation of land in consolidation proceedings (see Ghulam Qadir v. Member, Board of Revenue 1970 SCMR 292, Muhammad Hussain Munir v. Sikandar PLD 1974 SC 139 and Amir Din etc. v. Muhammad Malik 1981 SCMR 834.

The High Court was therefore, justified in not interfering with the orders of the consolidation authorities. This petition is accordingly dismissed.

Cited by 12 cases

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