| Case ID |
d8932661-1e3a-49ac-aa8c-c70ecea153f7 |
| Body |
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| Case Number |
C.P. No. 2230 of 2015 |
| Decision Date |
Feb 04, 2020 |
| Hearing Date |
Feb 04, 2020 |
| Decision |
The Supreme Court of Pakistan dismissed the writ petition filed by the petitioners, Allah Rakha (deceased) through LRS and others, challenging the judgment of the Lahore High Court dated July 7, 2015, in Writ Petition No. 68-R of 2002. The Court held that the civil suit was not competent under Section 22 of the Displaced Persons (Land Settlement) Act, 1958, and consequently, the High Court lacked jurisdiction under Article 185(3) of the Constitution of Pakistan, 1973. The principle of laches was aptly applied, as the writ petition was filed 32 years after the original order dated February 9, 1970, by the Settlement Authorities. The petitioners failed to demonstrate any defect in the impugned order, and thus, no case for interference was established. The High Court's dismissal of the writ petition was upheld, reaffirming the original rejection of the plaint by the civil court and the subsequent dismissal of the appeal. |
| Summary |
In the landmark case C.P. No. 2230 of 2015, decided on February 4, 2020, by the Supreme Court of Pakistan, the petitioners Allah Rakha (deceased) through LRS and others challenged the judgment of the Lahore High Court dated July 7, 2015, in Writ Petition No. 68-R of 2002. The core legal framework involved the Displaced Persons (Land Settlement) Act, 1958, specifically Section 22, and Article 185(3) of the Constitution of Pakistan, 1973. The Supreme Court examined the competency of the writ petition, emphasizing the principle of laches due to the 32-year gap between the original order (February 9, 1970) and the filing of the writ petition in 2002. The Court held that since the civil suit was found to be non-competent under the relevant land settlement act, the High Court similarly lacked jurisdiction to entertain the writ petition. The petitioners' arguments were rejected as they failed to establish any defect in the impugned order, leading to the dismissal of the writ petition. This decision underscores the stringent application of jurisdictional boundaries and the importance of timely legal actions within the Pakistani judicial system. Key legal concepts such as jurisdiction, competency, writ petitions, and laches were pivotal in this case, reflecting the Court's commitment to upholding legal statutes and ensuring procedural propriety. The involvement of multiple legal representatives, including advocates and prosecutors, highlighted the complexity and significance of the case within the realm of land settlement and constitutional law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Settlement Authorities,
Lahore High Court,
High Court,
Civil Court
|
| Judges |
MANZOOR AHMAD MALIK,
AMIN-UD-DIN KHAN
|
| Lawyers |
Hafiz S.A. Rehman, Advocate Supreme Court for Petitioners,
Ch. Faisal Fareed, AAG, Punjab for Respondents Nos. 1 and 2,
Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondent No. 3,
Mr. Muhammad Amin Malik, Advocate Supreme Court for Respondent No. 12,
Nemo for Respondents Nos. 4 to 11 and 13 to 16
|
| Petitioners |
ALLAH RAKHA (DECEASED) THROUGH LRS AND OTHERS
|
| Respondents |
ADDITIONAL COMMISSIONER (REVENUE) GUJRANWALA AND OTHERS
|
| Citations |
2021 SLD 291,
2021 PLJ 68
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act, 1958,
Constitution of Pakistan, 1973
|
| Sections |
22,
185(3)
|