1981 PLP 1574 (CLC)
QADIR BUX‑Petitioner Versus BOARD OF REVENUE, WEST PAKISTAN, LAHORE
| Citation | 1981 PLP 1574 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | QADIR BUX‑Petitioner Versus BOARD OF REVENUE, WEST PAKISTAN, LAHORE |
Q1: What are the key laws and sections cited in 1981 PLP 1574 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1574 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1574 (CLC) (QADIR BUX‑Petitioner Versus BOARD OF REVENUE, WEST PAKISTAN, LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Imam Ali Kazi and Sabir Hussain Rahmani for Petitioner.
- A. H. Faruqui for A.‑G. (Sind) for Respondent No. 1.
- S. A. Chana for Respondent No. 2.
Headnotes / Summary
‑ Art. 98‑‑Constitutional remedy‑A discretionary remedy‑Court ‑reluctant to exercise its discretion where such exercise results in causing prejudice to large number of people‑Board of Revenue after being seized of matter competent to examine legality or propriety of transfer made in petitioner's favour notwithstanding matter having been brought before it in connection with question whether land in dispute be reserved for village amenities‑Transfer order in petitioner's favour having been set aside under revisional powers exerciseable suo motu, fact of matter having not been brought before Board of Revenue through a regular revision immaterial -Questions whether land be reserved for village amenities and whether transfer in petitioner's favour be not disturbed, held, interlinked and one could not be divorced from other‑Board of Revenue after due application of mind reserving land for Asaish of village for good reasons, in impugned order, held, cannot be said to suffer from lawful authority or any infirmity and as such not open to question in writ jurisdiction.
Judgment & Decree
Constitutional Petition No. 818 of 1965, decided on 18th October, 1978.
‑ Art. 98‑‑Constitutional remedy‑A discretionary remedy‑Court ‑reluctant to exercise its discretion where such exercise results in causing prejudice to large number of people‑Board of Revenue after being seized of matter competent to examine legality or propriety of transfer made in petitioner's favour notwithstanding matter having been brought before it in connection with question whether land in dispute be reserved for village amenities‑Transfer order in petitioner's favour having been set aside under revisional powers exerciseable suo motu, fact of matter having not been brought before Board of Revenue through a regular revision immaterial -Questions whether land be reserved for village amenities and whether transfer in petitioner's favour be not disturbed, held, interlinked and one could not be divorced from other‑Board of Revenue after due application of mind reserving land for Asaish of village for good reasons, in impugned order, held, cannot be said to suffer from lawful authority or any infirmity and as such not open to question in writ jurisdiction. Pir Muhammad Farid Khan v. Colonisation Officer, Sukkur Barrage, Hyderabad and others P L D 1965 S C 399 and Muhammad Hussain Munir and others v. Sikandar and others P L D 1974 S C 139 ref. Imam Ali Kazi and Sabir Hussain Rahmani for Petitioner. A. H. Faruqui for A.‑G. (Sind) for Respondent No.
1. S. A. Chana for Respondent No.