P L D 1978 Lahore 1375 (PLP)
GHAZANFAR ALI SHAH ETC.-Petitioners Versus MEMBER, FEDERAL LAND COMMISSION-Respondent
| Citation | P L D 1978 Lahore 1375 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | GHAZANFAR ALI SHAH ETC.-Petitioners Versus MEMBER, FEDERAL LAND COMMISSION-Respondent |
Q1: What are the key laws and sections cited in P L D 1978 Lahore 1375 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1978 Lahore 1375 (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 1978 Lahore 1375 (PLP) (GHAZANFAR ALI SHAH ETC.-Petitioners Versus MEMBER, FEDERAL LAND COMMISSION-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Afzal Wattoo for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
Para. 29-Revision-Opportunity of hearing-Order under para. 29 passed without giving notice or opportunity of hearing to alienees Order held passed in violation of provisions of para. 29 and set aside- Constitution of Pakistan (1973), Art. 199.-[Revision (civil)-Natural justice, principles of].
Judgment & Decree
Arazi Qaimka 2031 K 2 M
2. Mutation No. 56 Entered on 2-12-71 sanctioned on 22-12-1971 Ghazanfar Ali Shah Jaffar Hussain (Son) Faqir Shah 1546 K 13 M
3. Mutation No. 262/1 Entered on 18-2-71 sanctioned on 14-4-1971 Ghazanfar Ali Shah Mst. Ghulam Fatima Daughter and Mst. Sughra Bibi daughter in Law. Kalia Shah. 1051 K 14 M
2. The alienations in favour of t1Tst. Sughra Bibi wife of Jaffar Hussain who was son of the alienor Ghazanfar Ali Shah were held to be invalid whereas the rest of the alienations were held as valid by the Additional Chief Land Commissioner by means of his order dated 14-9-1974. However, in suo motu revisional jurisdiction under paragraph 29 of the Land Reforms Regulation, 1972 (M. L. R. 115/1972) the Member, Federal Land Commission invalidated the rest of the alienations as well. Ghazanfar Ali Shah, alienor, his son Jaffar Hussain and Mst. Ghulam Fatima daughter of the alienor have filed the present writ petition in this Court against the last mentioned order of the Federal Land Commission.
3. It is argued that the learned Member, Federal Land Commission passed the impugned order without issuing any notice to or hearing the alienees concerned. This is self-evident from the recital of facts in the impugned order. It is laid down in paragraph 29 of M. L. R. 115/1972 that no order is to be passed in revision unless the person to be affected thereby is given a reasonable opportunity of hearing and to defend himself. As this provision of law was not followed the result is that the order passed by the learned Member, Federal Land Commission on 22-10-1976, which has been challenged in this writ petition, is declared to be without lawful authority and of no legal effect against the petitioners. I hold and declare accordingly. The aforesaid order is set aside and the case is remanded to the Federal Land Commission for fresh disposal in accordance with law. Since Mr. Maqbool Ahmad Sheikh, Officer on Special Duty, who decided this case has already expressed an opinion, therefore, the interest of justice requires that the case may not be heard by him in remand and it should rather be heard by some other Member of the Federal Land Commission. Order accordingly. Since nobody has cared to put in appearance on behalf of the Federal Land Commission, there shall be no order as to costs. S. A. H.?????????????????????????????????????????????????????????????????????????????????? Petition accepted.