Pakistan Case Law
1990 SCMR 922

MUHAMMAD YOUSIF and another vs PROVINCE OF SINDH and others

⭐ Prefer in Google
Citation1990 SCMR 922
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 409-K of 1989
Date1989-09-20
Judge(s)Nasim Hasan Shah, Zaffar Hussain Mirza
Authored byDr.Nasim Hasan Shah
ResultLeave granted
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 a High Court judgment which held that a civil suit challenging an order of a Settlement Authority was not maintainable. The petitioners had filed a suit for declaration and injunction, contending that the Settlement Authority's order cancelling their land allotment was void because it was issued after the repeal of the Displaced Persons (Land Settlement) Act, 1958, by the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The Supreme Court observed that the High Court's finding regarding the non-maintainability of the suit was prima facie unsustainable, citing established precedents which suggest that such challenges are cognizable by civil courts. Consequently, the Court granted leave to appeal, confirmed the existing interim order, and directed that the appeal be prepared on the current record with liberty for parties to submit additional documents. The core principle affirmed is that civil courts retain jurisdiction to examine the validity of administrative orders passed by authorities under repealed statutes when such orders are challenged as void.

Questions settled in this judgment
  • Is a civil suit maintainable to challenge an order passed by a Settlement Authority after the repeal of the Displaced Persons (Land Settlement) Act, 1958?
  • Does the repeal of the Displaced Persons (Land Settlement) Act, 1958 by the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975, oust the jurisdiction of civil courts to declare orders passed thereunder as void?
Laws & provisions referred
  • Displaced Persons (Land Settlement) Act, 1958
  • Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
civil suit maintainabilitysettlement authorityland allotment cancellationrepealed statutesleave to appealadministrative orders

ORDER

1. ' DR.NASIM HASAN SHAH, J.--In a suit field before the Civil Court for a declaration and injunction to - the effect that the order passed by a Settlement Authority cancelling the allotment of land of the petitioners, by a Settlement and Rehabilitation Authority was void because it was passed after the repeal of the Displaced Persons (Land Settlement) Act, 1958 by the Evacuee Property and Displaced Persons Laws (Repeal) Act of 1975; it has been held by the High Court that such a suit is not maintainable. Hence this petition for leave to appeal.

2. This finding prima facie, is not sustainable in view of this Court's judgments in Abdul Rauf and others v. Abdul Hamid Khan and others PLD 1965 SC 671 and Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another PLD 1970 S C180.

3. ' . Security Rs, 5,000.

4. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any and placed for hearing at an early date.

5. ' The interim order dated 20-6-1989 is confirmed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.