Sufi GHULAM MOHYUDDIN and 9 others vs DEPUTY SETTLEMENT
This matter came before the Supreme Court of Pakistan regarding a dispute over land cancellation. The petitioners, represented by counsel, were unable to be contacted despite efforts. The respondent, represented by counsel, informed the Court that the Deputy Settlement Commissioner had already passed an order cancelling the land in dispute on the ground of fraud. Consequently, the respondent argued that the pending petitions had become infructuous. The Court, accepting the submission of the respondent's counsel that the underlying dispute had been rendered moot by the administrative cancellation of the land, dismissed the petitions as having become infructuous. The judgment confirms the principle that where the subject matter of a petition is extinguished or the relief sought is rendered unattainable due to subsequent administrative actions, the petition loses its viability and must be dismissed as infructuous.
- Can a petition be dismissed as infructuous if the subject matter of the dispute has been cancelled by an administrative order?
- Does an order of cancellation of land on the ground of fraud render a pending petition regarding that land infructuous?
ORDER
1. ' GHULAM MUJADDID, J.-- Ch. Ata Ullah, Advocate, on behalf of Sh. Ghias Muhammad, Senior Advocate, who is counsel in these cases submits that in spite of best efforts, the counsel has not been able to contact the petitioners.
2. ' Sh. Muhammad Nasim, Advocate, appearing for the respondent in all the cases submits that the Deputy Settlement Commissioner has passed an order cancelling the land in dispute on the ground of fraud. He submits that these petitions as such have become infructuous.
3. ' In view of the submission of learned counsel for respondent these petitions are dismissed as having become infructuous.