Pakistan Case Law
1991 SCMR 349

ABDUL QAYYUM vs MUHAMMAD IKRAM UL HAQ And 3 Other

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Citation1991 SCMR 349
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 1040 of 1986 Writ Petition No. 4083 of
Date1991-08-28
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
Authored byMuhammad Afzal Zullah
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner sought leave to appeal against the dismissal of his constitutional petition by the High Court, which had originated from a dispute concerning the appointment of a Lambardar. The matter had previously been decided against the petitioner by the Board of Revenue, and the High Court subsequently dismissed the writ petition challenging that decision. The core legal question before the Supreme Court was whether the High Court's refusal to grant discretionary relief in a writ jurisdiction matter involving a Lambardari appointment warranted interference by the Supreme Court. Upon hearing the arguments, the Supreme Court found no merit in the petition. The Court held that the High Court's refusal to exercise its discretionary writ jurisdiction in such administrative matters does not justify interference by the Supreme Court. The key principle laid down is that the Supreme Court will generally decline to interfere with the High Court's exercise of discretion in refusing to grant relief under its writ jurisdiction in administrative or revenue-related cases, affirming the finality of the High Court's discretionary determination in such contexts.

Questions settled in this judgment
  • Does the Supreme Court interfere with the High Court's refusal to grant discretionary relief in a writ petition arising from a Lambardari case?
  • Is the High Court's decision to decline discretionary relief in a revenue-related matter subject to automatic review by the Supreme Court?
Lambardari casewrit jurisdictiondiscretionary reliefleave to appealBoard of Revenueconstitutional petition

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the High Court, of petitioner's Constitutional petition which had arisen out of a Lambardari case. It having been decided against the petitioner by the Board of Revenue his writ petition was also dismissed.

2. After hearing the learned counsel in support of this petition, we do not find any merit therein. The refusal by the High Court to grant discretionary relief in its writ jurisdiction, in cases like the present one, does not call for interference by this Court. See, amongst others Sharaf Din v. Qazi Abdul Jalil and another (1986 SCM R 1368). Leave to appeal, accordingly, is refused.

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