Khawaja ZAHEER ASHRAF vs CENTRAL BOARD OF REVENUE, GOVERNMENT OF PAKISTAN, ISLAMABAD and 3 others
The petitioner filed a petition before the High Court seeking relief against the Central Board of Revenue without first exhausting available departmental remedies. During the proceedings, the petitioner's counsel requested permission to withdraw the petition to pursue the appropriate departmental appeal or representation before the Collector. The Supreme Court granted the request, allowing the petitioner to withdraw the petition to seek redress through the established departmental hierarchy. The Court further clarified that any observations previously made by the High Court regarding the merits of the case would not be construed adversely against the petitioner. Consequently, the departmental authorities were directed to independently determine the matter on its merits and in accordance with the law, without being prejudiced by prior judicial remarks. The petition was disposed of accordingly, emphasizing the necessity of exhausting administrative remedies before invoking the writ jurisdiction of the High Court.
- Is it necessary to exhaust departmental remedies before approaching the High Court?
- Can a petitioner withdraw a petition to pursue departmental remedies?
- Do prior observations by a High Court on merits bind departmental authorities?
ORDER
' ABDUL QADEER CHAUDHRY, J.--- The petitioner has not exhausted departmental remedies before approaching the High Court. Learned counsel for the petitioner wants to withdraw this petition so as to approach the Collector for disposal of his appeal/representation.
2. Any observation by the High Court on the merits of the case would not be treated adversely against the petitioner and the departmental authorities would come to its own findings on merits as well as on law.
3. The petition is disposed of accordingly.