DILMIR SARDAR KHAN vs MAJOR MOHAMMAD AKBAR ALI AND 2 Other MAJOR JUDGMENT Reported As — 1971 SCMR 469

Citation: 1971 SCMR 469

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: DILMIR SARDAR KHAN vs MAJOR MOHAMMAD AKBAR ALI AND 2 Other MAJOR JUDGMENT

Headnotes

Result: Order accordingly Judgment JUDGMENT M. KHAN, J.-These appeals, other than Civil Appeal No.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:DILMIR SARDAR KHAN vs MAJOR MOHAMMAD AKBAR ALI AND 2 Other MAJOR JUDGMENT Reported As: 1971 SCMR 469 Result: Order accordingly Judgment JUDGMENT M. R. KHAN, J.-These appeals, other than Civil Appeal No. 76 of 1966, are by our special leave. Civil Appeal No. 76 of 1966 is, however, a certificated appeal. All these appeals involve a common question of law and this judgment will dispose of all of them. In all these cases, different lands were allotted to the appellants within the "Border Area", that is, the area lying within a distance of 5 miles from the border between West Pakistan and India. These allotments were subsequently cancelled by the Border Area Committee on one ground or the other. The appellants filed different writ petitions in the erstwhile High Court of West Pakistan, Lahore, challenging the validity of the orders cancelling their respective allotments. The High Court dismissed all the writ petitions on the ground that the Court's jurisdiction to call in question the validity of the orders of the Border Area Committee was ousted by the West Pakistan Border Area Regulation, 1959. In the judgment of the writ petition giving rise to Civil Appeal No. 192 of 1969, reliance was placed on the decision of this Court in Muhammad Khan v. Border Allotment Committee (PLD 1965SC623) in support -of the view as regards ouster of the Court's jurisdiction. The common…

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