| Citation(s) |
|---|
| 2012 SLG 2338 2012 SLD 2338 2012 YLR 183 |
Sindh High Court
Constitution Petition No. D-1284 of 2009, decided on 6th September, 2011
SHAHID ANWAR BAJWA AND MUHAMMAD ALI MAZHAR, JJ
Khadim Hussain Mangi for Petitioners. Mukesh Kumar G. Karara for
Respondents Nos. 9 to 31. A.M. Mobeen Khan for Interveners
Constitution Petition No. D-1284 of 2009, decided on 6th September, 2011
SHAHID ANWAR BAJWA AND MUHAMMAD ALI MAZHAR, JJ
Khadim Hussain Mangi for Petitioners. Mukesh Kumar G. Karara for
Respondents Nos. 9 to 31. A.M. Mobeen Khan for Interveners
ALI ANWAR and 10 others
VS
GOVERNMENT OF SINDH through Secretary Revenue Department, Hyderabad and 34 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199--- Constitutional petition---Condemned unheard---Allotment of land---Principles of natural justice---Petitioners were aggrieved of allotment of land in question by Board of Revenue in favour of respondents---Petitioners alleged that they were in possession of agriculture land which belonged to government, in the capacity of haries, for the last 30 to 40 years and their names were also mentioned in the record of revenue as haries and they were also paying land revenue to government---On the contrary, respondents were posing and claiming their vested right which they had allegedly inherited from their predecessor-in-interest---Validity---Order passed by Board of Revenue did not demonstrate or divulge in any manner that claim of petitioners had been examined in the light of documentary evidence---Attendance of one petitioner was mentioned in the order along with his advocate but on the contrary, petitioners asserted that neither any petitioner nor their advocate was present at time of passing of the order by Board of Revenue, as they were not allowed to join proceedings, therefore, they were totally prevented and precluded from producing documents substantiating their claim over land in question---High Court in exercise of Constitutional jurisdiction set aside the order passed by Board of Revenue and remanded the case for decision afresh---Petition was allowed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Provision of Art. 199 of the Constitution has been introduced to correct actions of government functionaries which suffer either from lack of jurisdiction or excess of jurisdiction---If citizens of the country are deprived of the guarantees given to them under the Constitution, illegally or not in accordance with law, then Art. 199 of the Constitution can always be invoked for redress---When impugned action is without jurisdiction. Mala fide, unlawful and passed in disregard of law and principles of natural justice, the same amounts to denial of justice---When any finding of fact is based on no evidence at all or ignoring material evidence or on consideration of…
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