Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 30(b)

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 30(b)

Law: Specific Relief Act, 1877

Section: 39,42

Law: Civil Procedure Code (V of 1908)

Section: 9,O.IX,R.13

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 30(b)---Suo motu revisional jurisdiction of Board of Revenue---Scope---Provincial Board of Revenue, in exercise of such jurisdiction could cancel illegal and fraudulent allotment of State land. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Jurisdiction of civil court--- Scope---Question of fraud or illegal, void and mala fide exercise of jurisdiction and power by authority concerned could be examined and determined by civil court for being court of ultimate jurisdiction. Ghulam Muhammad and 8 others v. Sijawal and 7 others 1990 MLD 2412 and Mitho Khan v. Member Board of Revenue Sindh, and others PLD 1997 Kar. 294 rel. (c) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Factual controversies requiring evidence and inquiry could not be decided in such jurisdiction. (d) Constitution of Pakistan--- ----Art. 199---Specific Relief Act (I of 1877), Ss.39 & 42---Constitutional jurisdiction of High Court---Scope---Challenge/ cancellation of sale-deed---Remedy against registered sale-deed lay under S.39, Specific Relief Act, 1877, thus, same could not be challenged or cancelled under constitutional jurisdiction. (e) Civil Procedure Code (V of 1908)--- ----O. IX, R.13---Ex parte decree in absence of necessary party, passing of---Scope---Such decree for being violative of principles of natural justice could not be passed. Amir Jamal and others v. Malik Zahoorul Haque and others 2011 SCMR 1023 rel. Sarfraz A. Akhund for Petitioner (in Constitutional Petition No.D-2436 of 2010). Nisar Ahmed Bhanbhro for Respondents (in Constitutional Petition No.D-2436 of 2010). Nisar Ahmed Bhanbhro for Petitioners (in Constitutional Petition No.D-250 of 2011). Zulfiqar Ali Sangi, State Counsel for Respondents (in Constitutional Petition No.D.250 of 2011). Date of hearing: 7th November, 2012. ORDER SALAHUDDIN PANHWAR, J.--- The writ petitions captioned above, pertains to same subject-matter, between same parties, on counter claim, therefore we decide the same by this common order. 2. Succinctly, the facts, setout in the Constitutional Petition No.D-2436 of 2010, are…

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