Case Details

Citation(s)
2017 SLG 329 2017 SLD 329 2017 MLD 112
Sindh High Court
Const. Petition No. D-2176 and M.As. Nos. 12409, 12410 of 2014, decided on 27th November, 2014.
ABDUL RASOOL MEMON, JUSTICE AND ZAFAR AHMED RAJPUT, JUSTICE
Irfan Ahmed Qureshi for Petitioners.

PIR BUX SOOMRO AND anotherS

VS

. PROVINCE OF SINDH THROUGH SENIOR MEMBER BOARD OF REVENUE AND 5 others

Law:

Section:

(a) Sindh Land Revenue Act (XVII of 1967)------.----- ------.-------S. 164------.-----Constitution of Pakistan, Art. 199------.-----Constitutional petition------.-----Maintainability------.-----Cancellation of Foti-Khata Badal by the Executive District Officer (Revenue)------.-----Scope------.-----Revenue courts had exclusive jurisdiction to determine the matter with regard to making and maintenance of record-of-rights, assessment and collection of land revenue, survey and demarcation of boundaries of land, appointment and functions of revenue officers and matters connected with Land Revenue Administration in the province------.-----Impugned order was within the jurisdiction of Executive District Officer (Revenue)------.-----Remedy of appeal and revision had been provided against the impugned order passed by the Executive District Officer (Revenue)------.-----Petitioners should not have approached High Court without exhausting other remedies provided to them in the hierarchy of Revenue Forums under the Sindh Land Revenue Act, 1967------.-----Constitutional petition was dismissed in limine. Messrs Ahmed Clinic v. Govt. of Sindh and others 2003 CLC 1196 and Mst. Ghulam Sakina v. Member (J) Board of Revenue Hyderabad and 4 other PLD 2004 Kar. 391 ref. (b) Constitution of Pakistan------.----- ------.-------Art. 199------.-----Constitutional jurisdiction of High Court------.-----Scope------.-----High Court could not exercise constitutional jurisdiction where aggrieved person had adequate remedy. Mumtaz Ahmed and another v. The Assistant Commissioner and another PLD 1990 SC 1195 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- 1. Urgency Application is granted. 3(sic) Exemption Application is granted subject to all just exceptions. 2 and 4. By invoking Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have impugned the Order dated 06-05-2009, whereby exercising his powers under section 164 of the of the Sindh Land Revenue Act, 1967 (herein after referred as the "Act of 1967") the defunct Executive District Officer (Revenue) Hyderabad now Deputy Commissioner, Hyderabad…
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