1991 PLP 2364 (MLD)
MUHAMMAD KHAN — Petitioner Versus THE STATE and others — Respondents
| Citation | 1991 PLP 2364 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD KHAN — Petitioner Versus THE STATE and others — Respondents |
Q1: What are the key laws and sections cited in 1991 PLP 2364 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 2364 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 2364 (MLD) (MUHAMMAD KHAN — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Ashraf Wahlah for Petitioner.
- Rana M. Arshad Khan, A.A.-G. with Faqir Muhammad Khokhar Dy. A.-G. (on Court's call) for Respondents.
Headnotes / Summary
Ss. 3 & 6
Additional Chief Land Commissioner was not appointed as a Member (Colonies), Board of Revenue under law on date when he decided lis between the parties with powers of Member (Colonies) Board of Revenue
Order passed by Additional Chief Land Commissioner thus was declared illegal being coram non judice.
Judgment & Decree
Ss. 3 & 6
Additional Chief Land Commissioner was not appointed as a Member (Colonies), Board of Revenue under law on date when he decided lis between the parties with powers of Member (Colonies) Board of Revenue
Order passed by Additional Chief Land Commissioner thus was declared illegal being coram non judice. Ejaz Ahmad v. Board of Revenue P L D 1976 Lah. 563; Muhammad Sharif v. Allah Ditta P L D 1977 Lah. 16 and Barkat -Ali v. Bashir Ahmad 1980 SCMR731 ref. M. Ashraf Wahlah for Petitioner. Rana M. Arshad Khan, A.A.-G. with Faqir Muhammad Khokhar Dy. A.-G. (on Court's call) for Respondents. Dates of hearing: 20th and 21st May, 1991. The order under challenge dated 12-8-1974 having been passed by Mr. S.M. Nasim, Additional Chief Land Commissioner is liable to be struck down on the short ground that he was not appointed as a Member (Colonies), Board of Revenue, Punjab under the law on the date when he decided the lis between the parties. The said order shows that Mr. S.M. Nasim decided the Revision No.345 of 1972-73 (Muhammad Younas v. The State and others) in his capacity as an Additional Chief Land Commissioner with powers of Member (Colonies), Board of Revenue. It is contended with vehemence by the learned counsel that admittedly on 12-8-1974,, Mr. S.M. Nasim was not at all appointed as a Member of the Board of Revenue and as such he was not competent to hear and decide the above-mentioned revision petition. Reliance has been placed by the learned counsel upon Ejaz Ahmad v. Board of Revenue P L D 1976 Lah. 563 and Muhammad Sharif v. Allah Ditta P L D 2977 Lah.
16. The said two authorities were upheld by the Honourable Supreme Court in Barkat Ali v, Bashir Ahmad 1980 S C M R
731. In the circumstances, respectfully relying upon the above authorities, the impugned order, dated 12-8-1974 passed by the learned Additional Chief Land Commissioner is declared without lawful authority and of no legal consequence, being coram non judice. The revision petition may be deemed to be pending adjudication before the learned Member, Board of Revenue. With this observation the petition accordingly succeeds and is allowed leaving the parties to bear their own costs. H.B.T./M-302/L Petition allowed.