MAJOR MUHAMMAD ANWAR ALAMGIR vs BORDER AREA COMMITTEE AND 2 Other
The appellant, a confirmed allottee of land within the border belt, challenged the cancellation of his allotment by the Border Area Committee, which had acted on a report alleging fictitious claims and a transfer after the terminal date of 24th December 1952. The appellant filed a writ petition in the High Court under Article 98 of the Constitution, but a Division Bench dismissed it for lack of jurisdiction based on earlier precedent. Upon appeal, the Supreme Court of Pakistan allowed the appeal, set aside the dismissal, and remitted the case back to the High Court for a decision on merits.
- Does the High Court have jurisdiction under Article 98 of the Constitution to call in question an order passed by the Border Area Committee?
- What is the legal consequence when the High Court dismisses a writ petition concerning a border area allotment for want of jurisdiction?
- Article 98, Constitution of Pakistan
1. MUHAMMAD YAQUB ALI, J.-The appellant was confirmed allottee of land in village Jharollian, Tehsil Kasur, District, Lahore, within the border belt. His allotment was, however, cancelled on the 6th April 1964, by the Border Area Committee, respondent No. 1, on the report of the Director, Enforcement Staff, that the appellant had got fictitious claims verified in his name as heir of one Gora of village Bulgan, Tehsil and District Gurdaspur. The claim was also found to have been transferred to the border area after the terminal date 24th December 1952.
2. Aggrieved by the cancellation of his allotment, the appellant filed Writ Petition No. 404 of 1964 in the High Court claiming that the order of the Border Area Committee was within Article 98 of the Constitution without lawful authority. A Division Bench dismissed the writ petition for want of jurisdiction to call in question the order dated the 6th April 1964, placing reliance on the decision of this Court in Mohammad Khan v. Border Area Committee (PLD1965SC623).
3. This appeal is, accordingly, allowed and the case is remitted to the High Court for decision on merits. Costs will abide the final decision of the case.
4. Case remanded for decision on merits.