1989 PLP 1115 (SCMR)
BASHIR AHMAD and others‑‑Petitioners Versus MEMBER, BOARD OF REVENUE and others Respondents
| Citation | 1989 PLP 1115 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | BASHIR AHMAD and others‑‑Petitioners Versus MEMBER, BOARD OF REVENUE and others Respondents |
| Primary Law | Constitution of Pakistan (1973) ‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1115 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) ‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1115 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1115 (SCMR) (BASHIR AHMAD and others‑‑Petitioners Versus MEMBER, BOARD OF REVENUE and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- MA. Zafar, Advocate Supreme Court and Abul Aasim Jafri, Advocate -on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 30th August, 1988.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore, dated 29‑5‑1983 in W.P. No.1554 of 1983). --‑Art.199‑‑Consolidation proceedings‑‑Proceedings having attained finality, petitioners could not have been granted any relief in its discretionary jurisdiction by the High Court on ground of limitation‑‑Petition for grant of leave refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the petitioners against the dismissal by the High Court of their Writ Petition, which had arisen out of a consolidation case. The petitioners had challenged the order of the learned Member, Board of Revenue, before the High Court on the ground that the learned Member should not have restored the order of the Collector dated 29‑10‑1978 which itself was illegal on account of bar of limitation. After the sanction of the consolidation scheme, an appeal was accepted and certain amendments were made on 29‑10‑1978. Both the parties had challenged this order before the Additional Commissioner. On revision, the learned Member, set aside the order of the Additional Commissioner and restored the appellate order, dated 29‑10‑1978 by an order, dated 21‑12‑1981. This order was not challenged by the petitioners any further. The Additional Commissioner again took up the matter in revisional jurisdiction and passed an order, dated 12‑1‑1982. This order was again challenged before the Board of Revenue and a learned Member, by an order, dated 16‑2‑1983 impugned before the High Court, observed and held as follows‑‑ "As would appear the dispute between the parties over the same land has already been finally decided by my order, dated 21‑12‑1981 passed in R.O.R. Nos.90/1979‑80, etc. whereby the order of the Collector (Cons), dated 29‑10‑1978, making certain amendments in the Khatas of the parties, was restored as between the parties. That order will also hold good in the present case. Consequently the order of the Additional Commissioner ‑ (Cons), dated 12‑1‑1981 is reversed and that of the Collector (Cons), dated 29‑10‑1978, amending the Khatas of the parties, is restored as between them: In view of the above resume of the facts and circumstances, the plea of bar of limitation against the order, dated 29‑10‑1978 could hardly be raised or given any importance by the High Court in its Constitutional jurisdiction. Even if the said order suffered from any such defect, as is pointed out by the learned counsel, the proceedings in that behalf, having ended, in December, 1982, they had attained finality. Be that as it may, the petitioners could not have been granted any relief in its discretionary jurisdiction by the High Court on the ground advanced by the learned counsel. That being so, we do not consider it a fit case for the grant of leave to appeal and the same is refused. M.BA./B‑94/S Leave refused.