GUL ASQAL and others vs ADDITIONAL SECRETARY, HOME, N.W.F.P. and others
This matter arises from a petition for leave to appeal directed against the judgment and order of the Peshawar High Court dated 12-2-1989, which dismissed the petitioners' writ petition concerning a land dispute. The underlying dispute originated from an application filed by private respondents for taking over 11 Chakawarms of land from the petitioners, which was ordered by the Deputy Commissioner Chitral and subsequently upheld in appeal by the Additional Commissioner and in revision by the Additional Secretary, Government of NWFP Home and Tribal Affairs Department. The core legal question before the Supreme Court was whether the objection regarding the jurisdiction of the adjudicating forums, raised at a belated stage, could vitiate the proceedings. The Supreme Court held that the petition had no force and dismissed it, observing that the petitioners had never objected to the jurisdiction of the tribunals constituted under the relevant regulation during the earlier proceedings, rendering their belated technical objection immaterial.
- Can a party raise an objection to the jurisdiction of tribunals at a belated stage before the Supreme Court when no such objection was raised during the initial proceedings?
- Whether technical objections regarding the jurisdiction of judicial forums should be entertained when the matter has taken numerous years for adjudication?
- Section 17, Regulation of 1975
ORDER
1. ' USMAN ALI SHAH, J.--The petitioners seek leave to appeal against the judgment and order of the Peshawar High Court dated 12-2-1989, passed in Writ Petition No, 39 of 1981, arising out of a case wherein, on the application dated 11-2-1976 of respondents No, 4-7, the Deputy Commissioner Chitral respondent No, 3 vide his order dated 6-1-77 ordered that 11 Chakawarms of land be taken over from the petitioners and handed over to the respondents Nos.4-7. Appeal of the petitioners against this order before the Addl.Commissioner Malakand Division Saidu Sharif failed vide judgment dated 27-9-77. Their revision petition before the Addl.Secretary, Govt. Of NWFP Home and Tribal Affairs Department was also rejected vide judgment dated 28-1-81. The petitioners filed writ petition before the Peshawar High Court. A learned Division Bench of the High Court while dismissing the writ petition vide its judgment dated 12-2-1989 observed that the matter has already taken number of years for its adjudication and it is not in the interest of justice to reopen the same on mere technical objection with regard to the jurisdiction of the judicial forums.
2. The learned counsel for the petitioners raised before us the same arguments which were raised before the learned High Court. He raised objection to the jurisdiction of the forums which adjudicated the controversial matter between the parties. The record of the case does not show any hint whatsoever that the petitioners have ever objected to the jurisdiction of the Tribunals constitued under section 17 of the Regulation of 1975 for the purpose. The objection of the learned counsel regarding the jurisdiction of ,the forums at this belated stage is immaterial.
3. ' The result is that this petition has no force which is accordingly dismissed. .