| Case ID |
1005a06d-94e3-419f-a166-9a5a3ec642d1 |
| Body |
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| Case Number |
Writ Petition No. 43553 of 2019 |
| Decision Date |
Dec 19, 2019 |
| Hearing Date |
Oct 17, 2019 |
| Decision |
The Lahore High Court dismissed the constitutional petition as it found the matter to be sub judice, following an earlier interlocutory order. The court determined that the Chief Settlement Commissioner acted within jurisdiction based on prior orders and that the petitioner's claims were not maintainable at this stage. The court emphasized that the order in question was interim and therefore not subject to judicial review in this context. The petitioner's arguments regarding jurisdiction and the validity of the transfer order were not sufficient to overturn the existing legal framework governing the case. Hence, the petition was dismissed. |
| Summary |
This case revolves around the maintainability of a constitutional petition concerning Evacuee Property allocated in Lahore. The petitioner, Faisal Afzal, sought to challenge the jurisdiction of the Chief Settlement Commissioner, arguing that earlier orders from the High Court were not adhered to, which led to unlawful proceedings against his property rights. The core of the dispute involved claims of improper jurisdiction and previous legal frameworks that the petitioner argued were violated. The court ultimately held that the constitutional petition was not maintainable as the matter was already under consideration and subject to an interim order. This ruling underscores the importance of adhering to judicial processes and the limitations of challenging interim orders within the legal framework. The decision reflects the complexities of property rights in Pakistan, particularly in relation to Evacuee Properties and the authority of the Chief Settlement Commissioner. This case is significant for legal practitioners dealing with property law and constitutional petitions as it clarifies the boundaries of judicial review in interim matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN, JUSTICE
|
| Lawyers |
Mian Muhammad Hussain Chotiya for Petitioner,
Ch. Iqbal Ahmad Khan and Ahmad Waheed Khan for Respondents Nos.2 to 4,
Muhammad Yaqoob Kanjoo for Respondent No.1,
Syed Shadab Jafri, Additional Advocate General
|
| Petitioners |
FAISAL AFZAL THROUGH ATTORNEY
|
| Respondents |
CHIEF SETTLEMENT COMMISSIONER, (MEMBER JUDICIALVIII), LAHORE AND 3 OTHERS
|
| Citations |
2021 SLD 1506,
2021 YLR 977
|
| Other Citations |
PLD 2010 Lah. 249,
PLD 1964 SC 865,
1984 SCMR 228,
1984 SCMR 912,
PLD 1984 Lah. 291,
1987 SCMR 1441,
1991 SCMR 1604,
1999 SCMR 705,
1999 YLR 1627,
2001 CLC 81,
PLD 2002 SC 5,
2002 SCMR 1470,
2009 YLR 1255,
1993 SCMR 145,
2005 SCMR 1526,
2011 SCMR 239,
PLD 1997 Lah. 423,
2006 CLC 543
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|