Pakistan Case Lawโ† Search
2005 YLR 2166

MUHAMMAD IJAZ vs AHMAD SHUJJA PASHA and 2 others

Citation2005 YLR 2166
CourtLahore High Court
Case No.Writ Petition No.10198 of 2004
Date2005-05-23
Judge(s)Chaudhry Ijaz Ahmed
ResultPetition dismissed

ORDER

' The petitioner has filed this writ petition with the following prayer:--- "It is, therefore, most respectfully prayed that the respondents may very kindly be directed to pay the compensation as assessed by the Revenue Authorities in the report sent to them (respondents) to the petitioner in the interest of justice.

' It is further prayed that compensation as stated above may very kindly be directed to be paid provisionally to the petitioner."

2. The petitioner submits that respondents have not paid the compensation to the petitioner, which is paid by the respondents to the other owners of the land in the area; therefore, action of the respondents is hit by Article 25 of the Constitution.

3. The learned standing counsel submits that respondents have paid the compensation to the petitioner as is depicted from the receipts attached by the respondents with report and parawise comments. He further submits that the petitioner has concealed the material facts from the contents of the Constitutional petition. He further submits that this Court has no jurisdiction to resolve the disputed questions of fact in Constitutional jurisdiction.

4. Mr. Muhammad Hanif Khatana, Additional Advocate-General submits that land in question was utilized by respondents Nos.1 and 2, therefore, respondent No.3 is not responsible to pay any amount to the petitioner; therefore, writ petition is not maintainable against respondent No.3.

5. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.

6. It is admitted fact that the petitioner has concealed the material facts from this Court. In case the contents of the writ petition and parawise comments of respondents Nos. 1 and 2 be put in a juxtaposition then it brings the case of the petitioner in the area of disputed question of facts and this Court has no jurisdiction to resolve the disputed question of facts in Constitutional jurisdiction. I am not inclined to exercise discretion in favour of the petitioner in view of the concealment of the material facts and also this Court has no jurisdiction to resolve the disputed question of facts in Constitutional jurisdiction as per law laid down by the Honourable Supreme Court in the following judgments:-- 'Principal King Edward Medical College, Lahore v. Ghulam Mustafa and others 1983 SCM R 196, Abdur Rashid v. Pakistan and others 1969 SCM R 141 and Muhammad Younas Khan and 12 others v.

Government of 'N.-W.F.P. And others 1993 SCM R 618.

' In view of what has been discussed above, this writ petition has no merits and the same is dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch