| Citation(s) |
|---|
| 2025 SLG 3805 2025 SLD 3805 = 2025 CLC 243 |
Lahore High Court
Writ Petition No. 9346 of 2024, decided on 19th February, 2024.
Before Shujaat Ali Khan, J
Zafar Iqbal Chohan for Petitioner. Rana Shamshad Khan, Additional Advocate General for
Respondents.
Writ Petition No. 9346 of 2024, decided on 19th February, 2024.
Before Shujaat Ali Khan, J
Zafar Iqbal Chohan for Petitioner. Rana Shamshad Khan, Additional Advocate General for
Respondents.
MUHAMMAD WILAYAT KHAN ---Petitioner
VERSUS
ISMAIL KHAN and 4 others ---Respondents
Law: Punjab Consolidation of Holdings Ordinance, 1960
Section: VI,11,13
Law: Constitution of Pakistan, 1973
Section: 199
(a) Punjab Consolidation of Holdings Ordinance (VI of 1960)-------Ss.11 & 13---Constitution of Pakistan, Art. 199---Constitutional petition--Consolidation of land---Alternate and efficacious remedy, non-availing of--Petitioner assailed allotment of land in favour of private persons as a result of consolidation proceedings conducted in year 1984-85---Validity---Any aggrieved person could challenge under S.11 of Punjab Consolidation of Holdings Ordinance, 1961, an order of Consolidation Officer confirming the scheme within sixty days before Collector and second appeal laid before Commissioner---Board of Revenue under S.13 of Punjab Consolidation of Holdings Ordinance, 1960 was empowered to call for and examine record of proceedings at any time suo motu or on application of aggrieved person---High Court declined to interfere in order of Consolidation Officer, as petitioner did not avail any of such remedies---Constitutional petition was dismissed, in circumstances.(b) Jurisdiction-------Consent of parties---Scope---When a forum has not been blessed with jurisdiction to hear a matter, same cannot be bestowed even with the consent of opponent side.Karachi Dock Labour, Labour Board v. Messrs Quality Builders Ltd. PLD 2016 SC 121 rel.ORDERSHUJAAT ALI KHAN, J.---Unnecessary details apart, on 19.07.2022, the petitioner filed complaint before the Provincial Ombudsman, Punjab, Lahore (respondent No.4), inter-alia with the allegations that land of graveyard and two ponds was illegally allotted by the revenue authorities to the private persons. After summoning of reports from the concerned departments, respondent No.4, vide decision, dated 06.09.2022, directed the Additional Deputy Commissioner (Revenue), Narowal, to restore original position of Khasra No. 1599 according to its status prior to the years 1984-85. Aggrieved of the decision of respondent No.4, respondents Nos.1 to 3 filed representation before the Governor, Punjab, Lahore (respondent No.5) in terms of section 32 of the Punjab Office of the Ombudsman Act, 1997 (the Act, 1997) which was allowed vide order, dated 03.01.2024 and decision of respondent No.4 was…