Lt.Col. (Retd.) MUHAMMAD ASLAM vs DISTRICT COLLECTOR, SARGODHA and others
This petition for leave to appeal was filed against an order of the Lahore High Court, which had declined to grant interim relief to the petitioner regarding the resumption of disputed land. The core legal question before the Supreme Court was whether the High Court's refusal to grant interim relief, based on the finding that the lease period for the land in question had expired in 1996, warranted interference by the apex court. The Supreme Court, without expressing any opinion on the merits of the underlying dispute to avoid prejudicing either party, held that it was not inclined to interfere with the interim orders passed by the High Court. The Court dismissed the petition for leave to appeal, affirming the High Court's decision to deny interim relief. However, the Supreme Court clarified that the petitioner remains at liberty to raise all relevant legal and factual arguments in support of his case during the final hearing of the main writ petition before the High Court, ensuring that the petitioner's rights to a full adjudication on the merits are preserved.
- Does the expiration of a lease period constitute a valid ground for a High Court to decline interim relief in a land dispute?
- Will the Supreme Court interfere with an interim order of the High Court if the merits of the main case remain pending?
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order passed by Lahore High Court, Lahore, in C.Ms. Nos.1 and 4 of 1997 dated 25-6-1998.
2. The dispute herein relates to resumption of disputed land from the petitioner. The High Court has declined the interim relief on the ground that the period of lease has already expired in the year- 1996.
3. Be that as it may, without expressing any opinion as to the merits of the case, lest it may prejudice the case of either party, we are not inclined to interfere with the interim orders passed by the High Court. Needless to point out that the petitioner shall be at liberty to raise all points in support of his case at the time of final hearing of the writ petition.
4. With the above observation, the petition is dismissed and leave refused.