Law: Sindh Land Revenue Act, 1967

Section: XVII,44,45,164(3)

Law: Constitution of Pakistan, 1973

Section: 199

[Sindh (Mirpurkhas Bench)] (a)    Sindh Land Revenue Act (XVII of 1967)--- ----Ss. 44, 45 & 164(3)---Alteration/modification/cancellation of entries in revenue record---Scope---Suo motu jurisdiction to initiate such proceedings---Scope--Absence of proper inquiry and procedural safeguards---Effect---Challenge thrown to orders passed by the Member (Judicial-II), Board of Revenue, Sindh, being violative of Ss. 44, 45 & 164(3) of the Sindh Land Revenue Act, 1967 (Act)--Validity---Orders transgressed the jurisdictional bounds of the Member Judicial-II due to the absence of a proper inquiry as enjoined by S. 44 of the Act; also due to inadequate evidence to support the annulment as necessitated by S. 45 of the Act and failure to comply with the procedural safeguards enshrined in S. 164 of the Act---While assuming such jurisdiction, the Member (Judicial-II), BoR, Sindh, passed the orders without adhering to the procedural safeguards mandated by the Act, thereby acting ultra vires and failing to conduct a proper inquiry. rendering the orders void ab initio---Member (Judicial-II), BoR, Sindh, not only assumed jurisdiction illegally but also acted with material irregularity in promulgating the orders, which exceeded his scope and authority---Any deviation from the established procedural and statutory provisions constitutes a violation of law and procedure, consequently rendering the order illegal and mala fide---Impugned orders were held to be passed without lawful authority and of no legal effect--Constitutional petition was allowed, in circumstances. (b)    Mala fides--- ----Any deviation from the established procedural and statutory provisions constitutes a violation of law and procedure, consequently rendering the order illegal and mala fide. Zaman Khan and others v. Federation of Pakistan through Secretary Ministry of Defence and others 2017 SCMR 1249 rel. (c)    Constitution of Pakistan--- ----Art. 199---Sindh Land Revenue Act (XVII of 1967), Ss. 44, 45 & 164 (3)--Constitutional jurisdiction of High Court---Scope---Error of law apparent on the face of the record---Board of Revenue, statutory duty of---Board…