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Civil Petition No. 572 of 1980, decided on 21st June, 1980.
(On appeal from the judgment and order of the Lahore High Court dated 12‑3‑1980 in W. P. No. 739 of 1977),
‑‑‑ Art. 199 (4)(A)‑Contention as to order of High Court suspending operation of impugned order of Federal Land Commission to proceed with resumption of land in dispute until disposal of main writ petition, being a violation of mandatory provisions of Constitution‑Held, High Court being already seized of matter, legal and constitutional position be first brought to notice of such Court.
Allah Wasaya and 6 others v. Federal Land Commission and 2 others P L D 1979 S C 44 fol.
Irshad Hasan Khan, Senior Advocate Supreme Court and Deputy Attorney‑General for Pakistan for Petitioner.
Nemo for Respondents
Date of hearing: 21st June 1980.
‑The Federal Land Commission, Islamabad, acting through its Chairman, is aggrieved by certain orders made by the Lahore‑High Court during the pendency of a constitutional petition moved by the respondents Hassan Mhmood and others, whereby it has been directed that status quo as to the land in dispute shall be maintained during the pendency of the writ petition in the High Court.
Writ Petition No. 739 of 1977; moved by the respondents, was admitted to a full hearing on the 28th of April, 1977, and it was directed that status quo shall be maintained for a period of 60 days in terms of clause (4‑A) of Article 199' of the 1973 Constitution. On the 18tb of July, 1977, the operation of the status quo order was extended by another 60 days, subject to notice. On the 20th of November, 1977, the respondents' prayer for extension of the interim order beyond two periods of six months, as envisaged by an amendment in .the relevant clause of Article 199, was rejected. However, on another application moved by the respondents on the 10th of March, 1980, the learned Chief Justice of the High Court was pleased to order on the 12th of March, 1980, that the operation of the impugned order of the Federal Land Commission shall remain suspended until the disposal of the main writ petition. As a result, the Land Commission has not been, able to proceed with the resumption of the land in dispute.
It is submitted by the learned Deputy Attorney-General that the latest order made by the Lahore High Court is in violation of the mandatory provisions of the Constitution, as explained and interpreted by this Court Allaha Wasaya and six others v. Federal Land Commission and 2 others (P L D 1979 S C 44) in which it was clearly laid down that the period prescribed in Article 199 as amended by C. M. L. A. Order No. 3 of 1977, was to operate in relation to an interim order made by the High Court within the ambit of the aforesaid Article. Mr. Irshad Hasan Khan submits that this is notice only case if, which interim orders of indefinite duration have been passed by the Lahore High Court; that in fact, there are more then 200 casts in which similar orders have been made with the result that the functioning of the Federal Land Commission, and in several cases of the Provincial Land Commission, has been brought to a stand still. The learned counsel submits that it is, therefore, necessary that some effective steps be taken to give effect to the mandatory provisions of the Constitution as explained by this Court in the judgment just referred to.
The learned Deputy Attorney‑General further states that he has also moved the High‑‑ Court for the vacation of the interim order in this case and as well as similar orders made in the other matters of, which a list has been appended in the supplementary paper book.
After hearing Mr. Irshad Hasan Khan and perusing the judgment relied upon by him, we are of the view that it would be in the legal and constitutional position is first brought to the notice of than Lahore High Court, which is seized of these petitions.
The present petition is disposed of in these terms.
Petition dismissed.
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