Case Details

Citation(s)
2001 SLG 2590 2001 SLD 2590 2001 CLC 1661
Lahore High Court
Writ Petition No.3586 of 1984, heard on 23rd February, 2001
CH. IJAZ AHMAD, J
Ch. M. Abdullah for Petitioner. Ch. Nisar Ahmad Dhiloon for
Respondents Nos.6 to 10

Agha MUHAMMAD MEHDI and 5 others

VS

MEMBER (COLONIES), BOARD OF REVENUE PUNJAB, LAHORE and 2 others

Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 161, 163 & 164---Constitution of Pakistan (1973), Art.199--­Constitutional jurisdiction of High Court---Scope---Appeal by petitioners against order of Collector was dismissed by Additional Commissioner--­Revision against order passed by Additional Commissioner and review petition there against were dismissed by Member, Board of Revenue---Appeal as well as revision by petitioners were dismissed on merits and being time­barred---Petitioners neither had filed application for condonation of delay, nor could bring on record any cogent reason for condonation of delay--­Authorities below, in circumstances, were justified to dismiss appeal revision and review by the petitioners---Concurrent finding of fact of Tribunals below based on evidence on record, could not be interfered with in Constitutional jurisdiction of High Court. Atta Ullah Malik's case PLD 1964 SC 236; Nawabzada Ronaq Ali's case PLD 1973 SC 236; Rana Muhammad Arshad's case 1998 SCMR 1462 and Khudah Bakhsh's case 1974 SCMR 279. ref. (b) Administration of justice--- ---- He who wanted to seek equity must come with clean hands and nobody could be allowed to get the benefit of his own misdeeds. Nawabzada Ronaq Ali's case PLD 1973 .SC 236; Rana Muhammad Arshad's case 1998 SCMR 1462; Khudah Bakhsh's case 1974 SCMR 279 and G.M. Malik's case 1990 CLC 1783 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---West Pakistan Land Revenue Act (XVII of 1967), Ss. 161, 163 & 164---Civil Procedure Code (V of 1908), O.1, R.9---Constitutional petition---Necessary party ---Non-impleading of---Maintainability of petition---Parties in whose favour vested rights had accrued having not been impleaded as respondents in the proceedings, Constitutional petition was liable to be dismissed. Rehmat Ali's case 1993 SCMR 168 and M. Rameez-ul-Haq's case PLD 1992 SC 221 ref. JUDGMENT Brief facts out of which the present writ petition arises are that the evacuee land measuring 1072 Kanals and 5 Marlas were allotted in favour of Mst. Shamim Sultana daughter of Nawab Raza Ali Khan Qazilbash of village Waso Astana, Tehsil and District Jhang which was surrendered by…
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