| Citation(s) |
|---|
| 2018 SLG 880 2018 SLD 880 2018 YLR 776 |
Lahore High Court
Writ Petition No. 279 of 2011, decision Dated: 30-3-2017. Dates of hearing: 27 and 30-3-2017.
CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Mushtaq Ahmed Kashmiri for Petitioner. Muhammad Arif Yaqoob, Addl. A.G. for
Respondent No. 1. Irfan Akram Sheikh and Ihsan Ahmed Bhindar for
Respondent No. 2.
Writ Petition No. 279 of 2011, decision Dated: 30-3-2017. Dates of hearing: 27 and 30-3-2017.
CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Mushtaq Ahmed Kashmiri for Petitioner. Muhammad Arif Yaqoob, Addl. A.G. for
Respondent No. 1. Irfan Akram Sheikh and Ihsan Ahmed Bhindar for
Respondent No. 2.
AFTAB AHMAD
VS
MEMBER (JUDICIALI) BOARD OF REVENUE PUNJAB, LAHORE AND ANOTHER
Law:
Section:
(a) Punjab Land Revenue Rules, 1968--- ----R. 17---Punjab Board of Revenue Act (XI of 1957), S. 8---Constitution of Pakistan, Art. 204---Lambardar, appointment of---Appointment order was maintained upto the Supreme Court---Member, Board of Revenue passed order in review whereby he recalled the said appointment---Validity---District Collector, Member, Board of Revenue and High Court through comprehensive orders had considered the petitioner to be the best amongst the contestants---Supreme Court had upheld the said view and appointment attained finality---Member, Board of Revenue without considering the scope and mandate of review passed the impugned order---Petitioner was not given preference over respondent on the sole score of academic qualification rather he had been given an edge with distinction in hereditary claim, extent of property, personal influence, strength and importance of his tribe---No allegation with regard to bogus certificate having been agitated upto Supreme Court in the earlier litigation, respondent was not competent to raise any new plea in the review petition as the alleged certificate was issued subsequent to the orders passed in the earlier round of litigation---Review could not be based on happening of subsequent events---Member, Board of Revenue was not competent to reopen the facts of the case which had already been determined by his predecessor---Time barred review application was entertained which was not accompanied by application for condonation of delay---Order passed by the Court/Tribunal should be indicative of the fact that it was aware and conscious of the question of limitation---Impugned order had been passed erroneously without attending the issue of limitation---Member, Board of Revenue could not sit over the orders passed by the High Court as well as Supreme Court---Order of Member, Board of Revenue having been passed without legal authority was set aside---Member, Board of Revenue had committed contempt of Court and he was issued show-cause notice---Chief Secretary was directed by the High Court that if said officer was still in service he should not be assigned any judicial work---Constitutional petition was allowed…
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