1999 PLP 2380 (SCMR)
MUHAMMAD WARIS ALI — Petitioner Versus DEPUTY COMMISSIONER, SHEIKHUPURA and others — Respondents
| Citation | 1999 PLP 2380 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Raja Afrasiab Khan, JJ |
| Parties | MUHAMMAD WARIS ALI — Petitioner Versus DEPUTY COMMISSIONER, SHEIKHUPURA and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1999 PLP 2380 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2380 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2380 (SCMR) (MUHAMMAD WARIS ALI — Petitioner Versus DEPUTY COMMISSIONER, SHEIKHUPURA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir Mali, Advocate Supreme Court with S. Abul Asim Jafri, Advocate-on-Record for Petitioner.
- Nemo for Respondents
- Date of hearing: 20th November, 1998
Headnotes / Summary
Arts. 199 & 185(3)
Constitutional petition before High Court
Where a civil suit was pending in civil Court on the same subject-matter, High Court had rightly declined to interfere in the matter in its extraordinary Constitutional jurisdiction
Leave to appeal was refused in circumstances.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition is directed against the judgments of Lahore High Court, Lahore dated 26-6-1998 and 25-8-1998 passed in W.P. No. 1263 of 1998 and I.C.A No. 573 of 1998 respectively.
2. It is not denied that civil suit on the same subject-matter is pending before Mr. Mohsin Abbas, Civil Judge, Sheikhupura. The learned Single Judge of the Lahore High Court, was, therefore, right in declining to exercise his discretionary jurisdiction under Article 199 of the Constitution by dismissing the writ petition filed by the petitioner, challenging the order dated 17-6-1998, passed by the Deputy Commissioner, Sheikhupura, whereby the possession of the disputed land was directed to be delivered to respondent No.8 herein.
3. The learned Members of the Division Bench of the. High Court were right in dismissing the Intra-Court Appeal, filed by the Petitioner in limine on the same ground. Clearly, the impugned orders are based on sound reasons warranting no interference.
4. Resultantly, the petition is dismissed and leave declined. Q.M.H./M-308/S Leave to appeal refused.