| Case ID |
0c235822-6c99-4f82-b028-b7e1c89b1178 |
| Body |
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| Case Number |
Writ Petition No. 3379 of 2007 |
| Decision Date |
May 18, 2007 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the application filed by the petitioner seeking revocation of the proceedings of superdari and resumption of land was not premature, as the facts had given rise to a legal injury. The Court determined that the lower courts had failed to exercise their jurisdiction appropriately by dismissing the case based on prematurity instead of addressing the merits of the petition. As a result, the High Court set aside the previous orders and remanded the case to the Trial Court for a decision in accordance with the law, emphasizing the urgency of resolving the matter due to potential destruction of the crops involved. |
| Summary |
In the landmark case of Writ Petition No. 3379 of 2007, the Lahore High Court addressed the issues surrounding the superdari of land in the context of constitutional law under the Constitution of Pakistan, 1973. The case arose when the petitioner, Muhammad Sair Ali, challenged the legality of actions taken by the Province of Punjab through its District Collector regarding the resumption of land and the superdari of crops. The petitioner argued that the application for revocation of these proceedings was improperly dismissed by the lower courts on the grounds of being premature, thereby infringing upon his legal rights. The High Court's ruling clarified the definition of 'premature' in legal terms, asserting that a claim is only considered premature if the underlying facts do not establish a live claim. The court emphasized the need for the Trial Court to adjudicate the merits of the case expeditiously, given the potential loss of crops, thus highlighting the importance of judicial oversight in land disputes. This case serves as a crucial reference for understanding the application of constitutional provisions in property disputes and the proper exercise of judicial discretion in determining the validity of claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAIR ALI
|
| Lawyers |
Ch. Bashir Ahmed,
Ch. Maqsood-ul-Hassan A.A.G.,
Muhammad Aslam, Tehsildar Bhakkar
|
| Petitioners |
MUHAMMAD SAIR ALI
|
| Respondents |
PROVINCE OF PUNJAB THROUGH DISTRICT COLLECTOR AND OTHERS
|
| Citations |
2007 SLD 1270 = 2007 MLD 1436
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|