Law: Constitution of Pakistan, 1973

Section: 199,175(2)

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 42 & 163---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Constitution of Pakistan (1973), Arts.175(2) & 199---Constitutional petition---Evacuee land, allotment of---Sanction of mutation on basis of such allotment---Review of mutation by District Officer (Revenue) on the ground that such allotment did not have any basis from RL-II, which was prima facie obtained illegally and fraudulently---Validity---District Officer (Revenue) was not a Notified Officer under Evacuee Laws, thus, he could not assume jurisdiction to determine legality or otherwise of an allotment---Mutation was merely consequential entries in Revenue Record---Impugned order was wholly without any lawful authority and of no legal effect---High Court accepted the constitutional petition. Shabbir Ahmad v. Mst. Kabir-un-Nisa and others PLD 1975 SC 58 and Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 rel. (b) Jurisdiction--- ----An act would be without lawful authority and of no legal effect, when the person doing same had no authority or jurisdiction to do same---Such act would be ultra vires and without jurisdiction---Cases of inherent in competency, total want of jurisdiction could not be overlooked, which would be liable to be declared as without lawful authority. Shabbir Ahmad v. Mst. Kabir-un-Nisa and others PLD 1975 SC 58 and Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 rel. JUDGMENT SYED ZAHID HUSSAIN, J.---Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 order dated 4-3-2006 passed by respondent No.1, is sought to be assailed. W.P. No.2677 of 2006 also challenges the same order passed by the same respondent. The petitions have thus been heard together and will stand disposed of through this judgment. The learned counsel for the parties have been heard. Though the matter has a long drawn background of litigation yet for the purpose of adjudication of the issue arising in this petition the same may not be necessary to be repeated. Suffice it to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492