Law: Sindh Land Revenue Act, 1967

Section: 42,164

Law: Constitution of Pakistan, 1973

Section: 199,10-A

(a) Sindh Land Revenue Act (XVII of 1967)--- ----Ss. 42 164---Constitution of Pakistan, Art. 199--- Constitutional petition---Audi alteram partem, principle of---Change in revenue record---Petitioner was aggrieved of cancellation of entries in his name made by revenue authorities in exercise of revisional jurisdiction under S.164 of Sindh Land Revenue Act, 1967, without issuing any notice to petitioner---Validity---Judgment and decree of Civil Court in favour of petitioner was on record and such fact was in active knowledge of the Authority, yet petitioner was not afforded opportunity of hearing---Record was made available with the authority but he ignored the same and passed the order unilaterally, which was violation of principle of ‘audi alteram partem’---Revenue authority while ignoring and decree passed by Civil Court had traveled beyond its jurisdiction, as he could not have passed any order to decide controversy which had already been decided by Civil Court and marinated by Appellate Court---High Court set aside order passed by revenue authority---Constitutional petition was allowed, in circumstances. Trading Corporation of Pakistan v. Dewan Sugar Mills Ltd. PLD 2018 SC 828; Abdul Majeed and 5 others v. Province of Punjab and others 2010 CLC 146 and Government of Sindh through Secretary and D.G., Excise and Taxation and another v. Muhammad Shafi and others PLD 2015 SC 380 ref. (b) Constitution of Pakistan--- ----Art. 10-A---Due process---Scope---Any order passed without giving notice is against the principles of natural justice and that of term ‘due process’---Such order is void ab initio. Ishtiaq Ahmed v. Hon’ble Competent Authority 2016 SCMR 943 rel. JUDGMENT ZULFIQAR ALI SANGI, J.---Through this petition, the Petitioner seeks following reliefs:-- a) That it may be declared that order dated 19.10.2010 passed by Respondent No.1 on the reference of respondent No.2, and on the application of respondent No.3 is against principle of natural justice and it has been passed without powers, authority and jurisdiction, further same may also be declared as nullity in the eyes of law. b) That the act and action of respondents Nos. 01 and 02 nullifying the judgment…

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