| Case ID |
2f951be9-f38e-40ad-b785-c04dd3903a3c |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 888 |
| Decision Date |
Feb 10, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, affirming the decision made by the Lahore High Court. The court held that the question of fact regarding the purpose of land allotment made in favor of the petitioner could not be reviewed by the Supreme Court. The petitioner, Bashir Ahmed, had previously been allotted land under the Pedigree Livestock Breeding Scheme, but the respondent claimed possession under a subsisting lease. The court reiterated that the determination of factual matters, such as the fulfillment of the allotment's purpose, is not within its purview. Therefore, the decision made by the Member, Board of Revenue, which was upheld by the Lahore High Court, stood, and the petition was dismissed as it could not grant relief in cases of potential injustice. |
| Summary |
This case revolves around the dispute regarding the allotment of land to Bashir Ahmed under the Pedigree Livestock Breeding Scheme. The Supreme Court of Pakistan addressed the appeal against the Lahore High Court's dismissal of the petition concerning the legality of the land allotment. The core issue was whether the purpose for which the land was allotted had been fulfilled, a factual matter that the Supreme Court determined it could not adjudicate. The court emphasized the importance of respecting the decisions made by lower courts on factual matters and highlighted that the discretionary nature of writ jurisdiction cannot be used to aid injustice. Legal practitioners should note the significance of this decision in understanding the limitations of appellate review in questions of fact. Key legal principles discussed include the scope of Article 185(3) of the Constitution regarding leave to appeal, as well as the implications of the 15 Years Lease Scheme introduced by the government. This case is pertinent for those studying land law and administrative decisions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUSHTAQ HUSSAIN
|
| Lawyers |
Amjad Khan, Senior Advocate Supreme Court,
Hussain & Co., Advocate-on-Record
|
| Petitioners |
Bashir Ahmed
|
| Respondents |
Another,
Member (Colonies) Board of Revenue, Punjab
|
| Citations |
1982 SLD 169,
1982 SCMR 146
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art 185 (3)
|