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Petitioner: GOGAI And Others VS Respondent: SIRAJ AHMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: GOGAI And Others vs SIRAJ AHMAD And Other Case No.: Civil Petition for Leave to Appeal No.36-R of 1989 W.P. No.513/514 Date of Judgment:1990-02-26 Reported As: 1991 SCMR 1152 Result: Leave granted
Judgment ORDER MUHAMMAD AFZAL ZULLAH, CJ. ---Leave to appeal has been sought by the applicants/plaintiffs' side under the Distribution of Property (Chitral) Regulation II of 1974, against the acceptance by the High Court, of respondents' Constitutional (Writ) petition whereby the concurrent findings and decisions in favour of the petitioners' side, by Deputy Commissioner, Chitral, Additional Deputy Commissioner, and Additional Secretary, Home and Tribal Affairs Department, N: W.F.P, were set aside. The dispute relating to grazing right in the disputed pastures located around and between the Kalash and Maskoor villages in Chitral. After hearing the learned counsel we consider it a fit case for grant of leave to appeal, inter alia, to examine:-- (a) Whether the High Court was justified in upsetting the findings by the three forums below in its discretionary writ jurisdiction; (b) Even if it be assumed that there were some defects/errors which utluited to be rectified, whether it was not necessary and/or proper to remand the case to the designated authority for fresh decision; and (c) Whether the writ petition was filed by an aggrieved party; We accordingly grant leave to appeal. Security Rs. 5,000. The appeal shall be prepared on the present record with direction to the parties for addition of all those documents which would be necessary for proper disposal of the appeal. Stay to continue,