| Citation(s) |
|---|
| 2018 SLG 2361 2018 SLD 2361 2018 PLJ 550 |
Supreme Court of Pakistan
Civil Appeal No. 1257 of 2013, decision & hearing Dated: 13.03.2018. (On appeal from judgment of Lahore High Court, Rawalpindi Bench, Dated 3.10.2013, passed in W.P. No. 3386 of 2006)
MUSHIR ALAM, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Mr. Muhammad Munir Pcracha, ASC for Appellants. Ch. Afrasiab Khan, ASC for
Respondent No. 2.
Civil Appeal No. 1257 of 2013, decision & hearing Dated: 13.03.2018. (On appeal from judgment of Lahore High Court, Rawalpindi Bench, Dated 3.10.2013, passed in W.P. No. 3386 of 2006)
MUSHIR ALAM, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Mr. Muhammad Munir Pcracha, ASC for Appellants. Ch. Afrasiab Khan, ASC for
Respondent No. 2.
ALLAH DITTA & OTHERS
VS
MEMBER (JUDICIAL), BOARD OF REVENUE, ETC.
Law:
Section:
Land Revenue Act, 1967 (XVII of 1967)-- ----S. 135--Board of Revenue Act, 1957, S. 5--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Question of maintainability--Naqsha Jeem objection was rejected byTehsildar--Appeal before DO(R)--Dismissed--Revision was also dismissed--Remand Order was challenged before High Court which was set aside--Validity-- Board of Revenue is highest Court of appeal and revision in revenue cases and is a controlling authority in all matters connected with administration of land, collection of land revenue, preparation of land record and other matters--Courts after having judicially examined remand order passed by Board of Revenue have expressed reluctance to interfere and for these reasons have maintained that order of remand would not be amenable to writ jurisdiction--Constitutional Court must approach and examine a remand order passed by Board of Revenue with care and circumspection, so as to sparingly interfere with it; unless of course, remand order is facially perverse, without jurisdiction or otherwise void--Amenability of writ jurisdiction against a remand order is in this context and subject to above conditions--Case now stands remanded to Tehsildar concerned to consider objections filed by appellant against naqshajeem and decide same through a spealdng order, clearly attending to objection regarding land to be excluded from share of respondent, if any--Appeal was allowed. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, J.- Leave to appeal was granted on 3-10-2013 to examine whether writ petition is maintainable against a remand order ? 2. Brief background of the case is that the respondent filed an application for partition before the Tehsildar under Section 135 of the Land Revenue Act, 1967, which was allowed on 29.5.1999, with the passing of a preliminary decree. Thereafter, naqsha jeem was prepared and objections filed by the appellant to the said naqsha jeem were rejected by theTehsildar on 25.5.2000. Appeal against the same before the D.O (R) was dismissed on 28.5.2003, while revision filed before the EDO (R) was also dismissed on 26.7.2004. However, finally in ROR filed before the Member Board of…
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