MUHAMMAD SHAH and 3 others vs THE GOVERNMENT OF PAKISTAN through Collector Rahimyar Khan
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the allotment of state land on Abadkari conditions. The core legal question addressed was whether the petitioners could withdraw their appeal in light of a specific administrative clarification issued by the Board of Revenue, Punjab, which offered a pathway for regularization of land allotments for those willing to withdraw pending civil litigation. The Court permitted the petitioners to withdraw their petition for leave to appeal, noting that the administrative communication provided a clear mechanism for the petitioners to pursue their claims. The Court held that the petitioners' apprehension regarding the potential lack of future remedy was unfounded, as any subsequent refusal by the authorities to honor the terms of the Board of Revenue's communication would constitute a fresh cause of action. Consequently, the Court affirmed that the petitioners could seek appropriate legal remedies, including writ jurisdiction, should their grievances persist after attempting to resolve the matter through the administrative process outlined in the Board of Revenue's letter.
- Does the withdrawal of a petition for leave to appeal preclude a party from seeking future legal remedies if an administrative offer is subsequently refused?
- Can a fresh cause of action arise from an administrative refusal to implement a previously issued policy directive regarding land allotment?
- Is the writ jurisdiction of the High Court available to a party aggrieved by an administrative authority's failure to adhere to its own stated policy on land regularization?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Learned counsel has placed on record Letter No, 2443-79/3438-CIII, dated 19th July, 1979 from the Board of Revenue to the Commissioner, Bahawalpur Division, Bahawalpur. It reads as follows:-- "From ' The Secretary (Colonies), Board of Revenue, Punjab. To The Commissioner, Bahawalpur Division, Bahawalpur.
2. ' Subject: Allotment of state land on Abadkari Conditions after imposition of ban by the former Bahawalpur Government Regularization thereof.
3. ' Reference: Correspondence resting with your memo. No, Co1/6-34P11/346, dated 28th March, 1979.
4. ' Memorandum ' After giving due consideration to the points raised in your aforesaid memorandum the Board of Revenue, Punjab, has, in consultation with solicitor to Government, Punjab, made following clarification:-- ' Obviously, those persons who have withdrawn their civil suits and are ready to fulfil all requirements, for the purchase of land allotted to them as Abadkars, they are entitled to purchase the land and, therefore, approved price of the land may be accepted from them. But those persons whose cases are pending in various Courts cannot be forced to pay the price ar.d, therefore, their matters may be kept in abeyance till the decision of their cases.
5. ' (Sd).
6. ' Secretary (Colonies), ' Board of Revenue, Punjab."
7. ' It is stated at the Bar that the petitioners want to avail the opportunity afforded in the afore- quoted communication. Accordingly he has sought to withdraw this petition for leave to appeal. He has also expressed an apprehension that if relief is not given to the petitioners in accordance with the terms of the said communication the petitioners might be left with no remedy.
8. While permitting the petitioners to withdraw this petition for leave to appeal we are of the view that the apprehension expressed by the learned counsel is unfounded. The fresh refusal might give a fresh cause of action with reference to the offer in question. In that context the petitioners if agrrieved might seek remedy in accordance with the law including the extraordinary remedy in tae writ jurisdiction of the High Court.
9. ' With these observations this petition is disposed of as withdrawn.
10. Petition withdrawn.