| Citation(s) |
|---|
| 2018 SLG 608 2018 SLD 608 2018 CLC 400 |
Supreme Court (AJ&K)
Civil Appeals Nos. 6, 7, 8, 9, 10 and 38 of 2015, decision Date : 28-11-2017, hearing Date : 22-11-2017. (On appeal from the judgment of the High Court, Dated 28.10.2014 in Writ Petitions Nos. 1268, 1269, 1270, 1271, 1272 and 1273 of 2009).
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Mian Sultan Mehmood, Advocate for Appellants. Ch. Muhammad Mumtaz, Advocate for
Respondents.
Civil Appeals Nos. 6, 7, 8, 9, 10 and 38 of 2015, decision Date : 28-11-2017, hearing Date : 22-11-2017. (On appeal from the judgment of the High Court, Dated 28.10.2014 in Writ Petitions Nos. 1268, 1269, 1270, 1271, 1272 and 1273 of 2009).
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Mian Sultan Mehmood, Advocate for Appellants. Ch. Muhammad Mumtaz, Advocate for
Respondents.
MUNAWAR HUSSAIN AND OTHERS
VS
ABDULLAH AND OTHERS
Law:
Section:
(a) Azad Jammu and Kashmir Board of Revenue Act, 1993--- ----Ss. 7(2) & 6(3)---Land Revenue Act (XVII of 1967), S.164---Second revision before Board of Revenue---Competency---Suo motu powers of Board of Revenue---Scope---Member Board of Revenue dismissed revision petition but Full Bench of Board of Revenue set aside the said order in second revision petition---High Court accepted writ petition and set aside order passed by Full Bench of Board of Revenue in second revision petition---Validity---Jurisdiction of Board of Revenue to entertain second revision petition where order challenged in the revision before Full Board of Revenue had been passed by Single Member of Board of Revenue in exercise of revisional jurisdiction had been excluded---Powers of revision were only available against the subordinate Revenue Officer---Member Board of Revenue could not be termed as an "officer" subordinate to the Board of Revenue---Revisional powers were also available to Board of Revenue as well as Commissioner under S.164 of the Land Revenue Act, 1967---Order passed by Member Board of Revenue while exercising powers under S.6(3) of Azad Jammu and Kashmir Board of Revenue Act, 1993 was to be deemed as order or decree of Board of Revenue---Member of Board was not subordinate to Full Board for the purpose of exercising revisional jurisdiction---Exercising suo motu powers for correction of order passed by Member Board of Revenue was not permissible under the provisions of Azad Jammu and Kashmir Board of Revenue Act, 1993---Suo motu powers had not been mentioned in Azad Jammu and Kashmir Board of Revenue Act, 1993---No Court could exercise jurisdiction which was not conferred on it under the Constitution or any law---Board of Revenue in the present case had not exercised jurisdiction suo motu for setting aside order passed by the Collector rather had set aside the same while exercising revisional jurisdiction and condoned delay while observing therein that order passed by the Collector was ab initio void and could be corrected at any time---Such power could be exercised in suitable and appropriate proceedings not otherwise---Member Board of Revenue had exercised jurisdiction…
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