MUHAMMAD RASHID and others vs MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB and others
This petition for leave to appeal is directed against the order of the Lahore High Court dismissing the petitioners' writ petition involving questions of fact and law. The core legal question concerns the propriety of the High Court's order in light of similar matters pending before the Supreme Court. The Supreme Court granted leave to appeal since leave had already been granted in a connected matter raising identical questions of fact and law. The Court ordered the appeal to be heard along with the connected civil petition and directed that the status quo previously granted shall continue until the disposal of the main appeal, subject to the deposit of security.
- Whether leave to appeal should be granted when identical questions of fact and law are already under consideration by the Supreme Court in a connected matter?
- Can an existing status quo order be continued until the disposal of the main appeal upon the grant of leave to appeal?
ORDER
1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against order of the Lahore High Court, Lahore dated 23 January, 1983 whereby writ petition of the petitioners was dismissed. Learned counsel submits that on the same questions of fact and law which have been raised in the present petition leave to appeal has already been granted by this Court in Civil Petition No,178 of 1987. Since this is the position leave to appeal is also granted in this petition.
2. Security to be deposited in the sum of Rs,5,000. The appeal to be prepared on the present record with permission to the parties to file additional documents.
3. ' Let this appeal be heard alongwith the appeal arising out of Civil Petition No,178 of 1987.
4. ' Status quo already granted by this Court vide order dated 16 February, 1982 to continue till the disposal of the main appeal.