Syed BASHIR HUSSAIN SHAH and others vs LUQMAN ATHER KHAN and others
This matter arises from a dispute regarding the allotment of land in village Sadoki, which had previously been litigated up to the Supreme Court, resulting in a final judgment and dismissal of a review petition in favor of the petitioners. Notwithstanding this finality, respondent No.2 filed a civil suit and subsequently approached the Collector/Deputy Commissioner, Lahore, through separate proceedings based on consolidation records. The core legal question concerns whether initiating collateral proceedings before revenue authorities after the final adjudication of the matter by the Supreme Court constitutes an abuse of the process of law and contempt of court. The court held that the matter requires serious consideration regarding potential abuse of process and contempt. Consequently, the court granted time for the parties to produce additional documents and ordered the stay of the pending revenue proceedings before the administrative authority until the final disposal of the criminal original proceedings.
- Does approaching revenue authorities after the final adjudication of a property dispute by the Supreme Court constitute an abuse of the process of law and contempt of court?
- Can a party initiate separate proceedings regarding land that has been subject to final binding judgments by the apex court?
ORDER
' IRSHAD HASAN KHAN, J.---The dispute herein relates to allotment obtained by Syed Bashir Hussain Shah, the predecesor-in-interest of the present petitioner in Khata No,556 R.O.II of village Sadoki for 793 Kanals, 11 Marlas of land against 1278 P.I. Units which had stood transferred to Sadoki, Lahore from Gujrat District vide Report No,373 dated 17-3-1962 in the Revenue Record.
2. On 19-11-1996, Asama Tariq, respondent No,2 herein had filed a suit for permanent injunction and declaration, challenging the allotment in dispute, which had earlier been upheld by this Court in favour of the petitioners vide judgment dated 3-4-1996 in Civil Petition No,1411-L of 1995. Review petition filed against the said judgment was also dismissed on 11-11-1996 passed in Civil Review No,70-L of 1996.
' However, the trial Court dismissed the suit vide judgment dated 11-7-1997 on the ground that the controversy stood finally decided by this Court. The appeal filed by the respondent was also dismissed by Additional District Judge on 10-9-1997. Asama Tariq respondent No,2 then approached the Collector/Deputy Commissioner, Lahore on the ground that the land in dispute was included in his ownership as well as his brother Khubaib Ahmed Khan as a result of consolidation proceedings on the basis of Register Haqdaran Zamin for the year 1988-89.
3. Mian Nusratullah, Senior Advocate Supreme Court, learned counsel for respondent No,2 has also argued that the proceedings now pending before the Collector are distinct and separate from the subject-matter of the earlier litigation between the parties which culminated in the judgment of this Court dated 11-11-1996. The matter requires serious consideration whether the respondent is guilty of abuse of the process of law and contempt of Court by approaching the Collector notwithstanding the finality of the judgment rendered by this Court in the earlier round of litigation.
At this stage Dr. A Basit, learned counsel for the petitioners seeks adjournment to place relevant documents on record in support of his contention. This is not opposed by Mian Nusratullah.
Resultantly, the parties may, if so desired, produce additional documents in support of their respective contentions within 10 days. Meanwhile, the proceedings in the case of Asama Tariq v.
Malik Habib Ullah and Pakistan Expatriates Cooperative Housing Society, Lahore, pending before the A.D.C. (G) Headquarters Lahore,, are stayed till the final disposal of Criminal Original.