| Case ID |
36eab5db-7b6e-4e16-b755-85fceb1d2f18 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 287 |
| Decision Date |
Oct 12, 1967 |
| Hearing Date |
Oct 12, 1967 |
| Decision |
The Supreme Court found that the petitioners were in possession of excess land beyond their entitlement, which was taken away under an order of the Assistant Rehabilitation Commissioner (Land). The petitioners challenged this order, but both the Assistant Rehabilitation Commissioner and the Settlement and Rehabilitation Commissioner upheld the jurisdiction of the order. The petitioners failed to prove that they were not in possession of excess land, which should have been raised before the appropriate authorities. Thus, the petition was dismissed, and leave to appeal was refused. |
| Summary |
In the landmark case of Civil Petition for Special Leave to Appeal No. 287 of 1967, the Supreme Court of Pakistan addressed the critical issue of land entitlement and jurisdiction. The court ruled that questions of fact, such as land possession beyond entitlement, cannot be raised for the first time in writ jurisdiction. This case highlights the importance of exhausting administrative remedies before seeking judicial review. The decision emphasizes the role of the Assistant Rehabilitation Commissioner and the Settlement and Rehabilitation Commissioner in adjudicating land disputes. This ruling serves as a precedent for future cases involving land rights and administrative jurisdiction, reinforcing the necessity for petitioners to present their claims at the departmental level prior to court intervention. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman,
Fazle-Akbar
|
| Lawyers |
S. M. Almas Ali,
S. Wajid Hussain
|
| Petitioners |
Fazal Din and others
|
| Respondents |
Khushi Muhammad and others
|
| Citations |
1970 SLD 182,
1970 SCMR 70
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
Art. 98
|