AHMAD LATIF, CHIEF OPERATING OFFICER vs The CANE COMMISSIONER O — 2022 YLR 773 LAHORE-HIGH-COURT-LAHORE

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AHMAD LATIF, CHIEF OPERATING OFFICER VS The CANE COMMISSIONER O.XXXIX, Rr.1 & 2---Constitution of Pakistan, Art. 199--- Constitutional petition---Stay order--- Effect--- Where public authority has yet to make a final decision, grant of stay prohibits it from taking further steps to make a decision---Stay and injunction can have practical effect of preventing some action before legality of that action has been conclusively determined---Stay achieves such result by temporarily suspending source of an authority to act and not by directing actors' conduct---Stay order simply suspends variation or modification of status quo---Stay order issued against a Court order or decision of an executive authority tentatively reflects upon the availability or vesting of jurisdiction i.e. either the jurisdiction is not possessed by the authority or Court which passed the order or the jurisdiction appears to have been illegally and incorrectly assumed and exercised---Very foundation of order assailed in such cases appears to be wobbly and stay order would have effect of stripping relevant authority of jurisdiction/power to proceed any further or giving effect to order assailed (e.g. stay of execution) instantaneously the moment it is passed without there being any consideration of communication---When a stay order divesting a lower authority of jurisdiction to deal with a matter is issued, it makes the order assailed redundant till final adjudication and no valid action can commence on the basis of or in consequence of the stayed order----Act done which have the effect of nullifying a stay order are a nullity because the very authority/jurisdiction to do any such thing is suspended and does not exist operationally.

AHMAD LATIF, CHIEF OPERATING OFFICER vs The CANE COMMISSIONER O — 2022 YLR 773 LAHORE-HIGH-COURT-LAHORE

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