Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 161

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 161

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 161---Constitution of Pakistan, Art.199---Constitutional petition---Appeal---Maintainability of---Appellant neither filed original nor appellate order while filing appeal against impugned orders and Appellate Authority without adverting to that crucial question of law, not only entertained appeal, but passed an order in his appellate jurisdiction, which was totally against the provisions of law---Appellant in the memo. of appeal had already mentioned that earlier appeal filed by them was pending adjudication without any order---Instead of simply issuing the direction to Deputy District Officer to decide the pending appeal, District Officer himself assumed the jurisdiction, entertained the said appeal and allowed the same in contradiction of law, though he had observed in the impugned order that appeal was pending before the Deputy District Officer, who did not pass any order---Appeal under S.161 of West Pakistan Land Revenue Act, 1967, was competent only from an original and appellate order of the Revenue Officer and there was no original or appellate order before the District Officer, he therefore, wrongly exercised jurisdiction in the matter---Proper exercise of jurisdiction by the District Officer was to simply issue directions to the Deputy District Officer to decide the pending appeal and not to pass any order by his own---Impugned order was set aside by High Court and Deputy District Officer was directed to decide appeal, within one month. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---If there was any error on the point of law by the courts below or tribunal and the decision was based on violation of the provisions of law or was based on misreading or insufficient or inadmissible evidence, then in order to advance the cause of justice, superior courts had the jurisdiction to come to the rescue to an aggrieved party---Failure on the part of statutory functionary or a court to make a visible effect with diligent application of mind to objective assertion or to strive in search of truth for the sake of jurisdiction, the same was tantamount failure to exercise…

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