Law: Punjab Board of Revenue Act, 1957

Section: 7

Law: Constitution of Pakistan, 1973

Section: 199,4

Punjab Board of Revenue Act (XI of 1957)--- ---.7---Board of Revenue, revisional jurisdiction---Evidence, non-discussing of was aggrieved of order passed by Board of Revenue in exercise of revisional jurisdiction---Plea raised by petitioner was that order passed by Board of Revenue was not based on evidence---Validity---Board of Revenue did not discuss oral as well as documentary evidence of petitioners in shape of Khasra Girdawari and entries contained therein---Order passed by Board of Revenue was based on surmises and conjectures---High Court observed that public functionaries were bound to decide controversies after application of independent mind with reasons---Orders in question were passed in mechanical way without applying independent mind to the fact and circumstances of the case; it was incumbent upon authorities to discuss each and every aspect of case which was lacking--- High Court remanded the matter to Board of Revenue for decision afresh after discussing oral as well as documentary evidence---Constitutional petition was allowed accordingly. Government of Pakistan through Director-General. Ministry Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1; Mian Ayaz Anwar v. Federation of Pakistan through Secretary Interior and 3 others PLD 2010 Lah. 230; Messrs Saqib Brothers and another v. Messrs Ciba Geigy (Pakistan) Limited 1991 CLC 710 and Pakistan Tobacco Company Ltd. v. Pakistan Chest Foundation PLD 1998 Lah. 100 rel. ORDER SHAHID MUBEEN, J.---- Through this writ petition under Article 199 read with Article 4 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have called in question the validity and legality of order dated 22.04.2010 passed by Member (Judicial-II), Board of Revenue, Punjab, Lahore and Order dated 11.05.2004 passed by Executive District Officer (Revenue), Lahore. 2. Precisely, the facts of the case as narrated in the writ petition are that land in question was originally owned by Ali Khan who transferred the same in favour of Mehr Khan through Mutation No.1968 dated 13-4-1973. The petitioners instituted a suit for pre-emption on the basis of being tenant of the property in question initially…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492