P L D 1964 W (PLP)
SIKANDAR ALI‑Appellant Versus THE STATE AND ANOTHER‑Respondents
| Citation | P L D 1964 W (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SIKANDAR ALI‑Appellant Versus THE STATE AND ANOTHER‑Respondents |
| Primary Law | (a) Punjab Land Revenue Act (XVII of 1887), (b) Punjab Land Revenue Act (XVII of 1887) |
Q1: What are the key laws and sections cited in P L D 1964 W (PLP)?
This judgment primarily cites: (a) Punjab Land Revenue Act (XVII of 1887), (b) Punjab Land Revenue Act (XVII of 1887) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1964 W (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1964 W (PLP) (SIKANDAR ALI‑Appellant Versus THE STATE AND ANOTHER‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 16 & 92--(2) Order of Commissioner under S. 92 final‑Revision petition under S. 16 against such order not competent.
Ss. 16 & 92(2) Provision of S. 92 overrides earlier provisions of S. 16.
Judgment & Decree
(a) Punjab Land Revenue Act (XVII of 1887)
Ss. 16 & 92--(2) Order of Commissioner under S. 92 final‑Revision petition under S. 16 against such order not competent. (b) Punjab Land Revenue Act (XVII of 1887)
Ss. 16 & 92(2) Provision of S. 92 overrides earlier provisions of S.
16. The facts of this case are simple. The petitioner who was a Lambardar made default in the payment of land revenue and the Collector, after obtaining the sanction of the Commissioner, attached his immovable property, i.e., land and put it to auction. The Commissioner subsequently confirmed this auction under section 92 of the Land Revenue Act. The petitioner has now applied that this auction be set aside and the main ground taken is that the arrears were not due from him personally and that the land revenue accounts needed clarification. It is contended on behalf of the auction‑purchaser, respondent Baqir, that whatever be the circumstances of the case, the Commissioner's order is final under section 92 (2) of the Land Revenue Act. The plea taken up on behalf of the petitioner is that section 16 of the Land Revenue Act gives wide powers of revision and I am competent to interfere. In my opinion this plea is not tenable. A latter specific provision in a statute always overrides a general earlier provision so that section 92 (2) debars me from exercising powers of revision under section 16 of the Land Revenue Act. I am, therefore, not legally competent to take up this matter and dismiss the revision‑petition. K. M. A. Revision dismissed.