1992 PLP 1761 (CLC)
Before Raja Afrasiab Khan, J Versus MEMBER BOARD OF REVENUE and others‑‑‑Respondents W.P. No.1513 of 1974, heard on 11th June, 1991.
| Citation | 1992 PLP 1761 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Raja Afrasiab Khan, J |
| Parties | Before Raja Afrasiab Khan, J Versus MEMBER BOARD OF REVENUE and others‑‑‑Respondents W.P. No.1513 of 1974, heard on 11th June, 1991. |
| Primary Law | West Pakistan Board of Revenue Act (XI of 1957)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 1761 (CLC)?
This judgment primarily cites: West Pakistan Board of Revenue Act (XI of 1957)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1761 (CLC)?
The case was heard and decided by the Lahore bench comprising: Raja Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1761 (CLC) (Before Raja Afrasiab Khan, J Versus MEMBER BOARD OF REVENUE and others‑‑‑Respondents W.P. No.1513 of 1974, heard on 11th June, 1991.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Sher Alam for Petitioner.
- Rana M. Arshad Khan AA.‑G. with Syed Najaf Hussain for Respondents Nos.1 and 2.
- Ch. M. Ashraf Wahla for Respondents Nos.3 to 4.
- Date of hearing: 11th June, 1991.
Headnotes / Summary
‑‑‑‑Ss. 3, 6 & 7‑‑‑Additional Chief Land Commissioner who was not appointed as a full‑fledged Member, Board of Revenue at time he heard and decided revision, was not competent to decide controversy‑‑‑Order passed by such Additional Chief Land Commissioner was coram non judice and was liable to be set aside. Barkat Ali v. Bashir Ahmed 1980 SCMR 731 ref.
Judgment & Decree
Barkat Ali v. Bashir Ahmed 1980 SCMR 731 ref. Mian Sher Alam for Petitioner. Rana M. Arshad Khan AA.‑G. with Syed Najaf Hussain for Respondents Nos.1 and
2. Ch. M. Ashraf Wahla for Respondents Nos.3 to
4. Date of hearing: 11th June, 1991. I have heard the learned counsel for the parties at some length. Learned counsel have brought to my notice that Mr. S.M. Nasim, learned Additional Chief Land Commissioner was not appointed as a full‑fledged Member, Board of Revenue when he heard and decided the revision petition of the petitioner on 22‑6‑1974. It is thus argued by both the learned counsel that Mr. S.M. Nasim was not competent to decide the controversy and as such the lis between the parties was still pending adjudication. In this behalf learned counsel have relied upon the judgment reported as Barkat Ali v. Bashir Ahmad 1980 SCMR
731. Admittedly, Mr. S.M. Nasim, learned Additional Chief Land Commissioner was not at all competent to hear and decide the revision of the petitioner on the short ground that he was not appointed as a Member (Colonies), Board of Revenue. Respectfully following the above said judgment, the impugned order dated 22‑6‑1974 is declared to be ua oram non judice, and as such, it is set aside. The petition succeeds and is allowed leaving the parties to bear their own costs. Revision of the petitioner shall be deemed to be pending before the learned Member (Colonies), Board of Revenue. It is desired that the learned Member shall decide the revision on its merits after hearing the parties as early as possible. This petition succeeds and is allowed leaving the parties to bear their own costs. H.&T./N‑479/L Petition allowed.