Pakistan Case Law← Search
1989 SCMR 1819

GUL ASQAL and others vs ADDITIONAL SECRETARY, HOME, N.W.F.P. and others

Citation1989 SCMR 1819
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 73-P of 1989
Date1989-05-15
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave refused

ORDER

1. ' USMAN ALI SHAH, J.--The petitioners seek leave to appeal against the judgment and order of the Peshawar High Court dated 12-2-1989, passed in Writ Petition No, 39 of 1981, arising out of a case wherein, on the application dated 11-2-1976 of respondents No, 4-7, the Deputy Commissioner Chitral respondent No, 3 vide his order dated 6-1-77 ordered that 11 Chakawarms of land be taken over from the petitioners and handed over to the respondents Nos.4-7. Appeal of the petitioners against this order before the Addl.Commissioner Malakand Division Saidu Sharif failed vide judgment dated 27-9-77. Their revision petition before the Addl.Secretary, Govt. Of NWFP Home and Tribal Affairs Department was also rejected vide judgment dated 28-1-81. The petitioners filed writ petition before the Peshawar High Court. A learned Division Bench of the High Court while dismissing the writ petition vide its judgment dated 12-2-1989 observed that the matter has already taken number of years for its adjudication and it is not in the interest of justice to reopen the same on mere technical objection with regard to the jurisdiction of the judicial forums.

2. The learned counsel for the petitioners raised before us the same arguments which were raised before the learned High Court. He raised objection to the jurisdiction of the forums which adjudicated the controversial matter between the parties. The record of the case does not show any hint whatsoever that the petitioners have ever objected to the jurisdiction of the Tribunals constitued under section 17 of the Regulation of 1975 for the purpose. The objection of the learned counsel regarding the jurisdiction of ,the forums at this belated stage is immaterial.

3. ' The result is that this petition has no force which is accordingly dismissed. .

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search