Pakistan Case Law
1970 SCMR 54

Mst. BATUL BEGUM vs SETTLEMENT AND REHABILITATION COMMISSIONER;

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Citation1970 SCMR 54
CourtSupreme Court of Pakistan
Judge(s)S. A. Rahman and Fazle‑Akbar
Authored byS. A. Rahman
ResultLeave refused
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This matter came before the Supreme Court of Pakistan as a petition for leave to appeal against an order of the High Court. The core dispute between the parties concerned the determination of prior occupation of the premises in question, with the departmental authorities having ruled in favor of the second respondent, Syed Zahoor Hussain. The High Court had previously declined to exercise its writ jurisdiction, reasoning that the dispute involved a pure question of fact rather than a question of law. Upon review, the Supreme Court upheld the High Court's decision, affirming that findings of fact made by departmental authorities are generally not subject to interference in writ jurisdiction. Consequently, the petition was dismissed, reinforcing the principle that appellate or writ courts will not re-examine factual determinations made by competent administrative or settlement authorities unless there is a clear legal error or jurisdictional defect.

Questions settled in this judgment
  • Can the High Court interfere with factual findings of departmental authorities in writ jurisdiction?
  • Is a dispute regarding prior occupation of premises a question of fact?
writ jurisdictionquestion of factsettlement authoritiesprior occupationadministrative law

1. S. A. RAHMAN, J.-The point of contest between the parties in the present case was, whether Mst.

2. Batool Begum, or Syed Zahoor Hussain, the second respondent to this petition, was in prior occupation of the premises in dispute. The final order of the departmental authorities favored the respondent in this respect. The High Court refused to interfere in writ jurisdiction on the ground that the question involved was one of fact.

3. The petition is dismissed.

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