Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Constitution of Pakistan

Section: 199

 Civil Procedure Code ( V of 1908) S. 9---Constitution of Pakistan , Art. 199 ---Cancellation of grant of land---Dispute requiring evidence---Scope---Invoking constitutional jurisdiction of High Court ---Parties may avail jurisdiction of the Civil Court of plenary jurisdiction, which shall examine the validity of order of Revenue authority as the petitioner pleaded that the principles of natural justice were violated as such he was condemned unheard---Where the authority or the tribunal acts in violation of the provisions of the statutes which conferred jurisdiction on it or the action or order is in excess or lack of jurisdiction or mala fide or passed in violation of the principles of natural justice, such an order could be challenged before the Civil Court despite a provision in the statute barring the jurisdiction of Civil Court---Primarily all the aspects of the case can be looked into by the Civil Court, if approached or the remedy is not earlier availed---The findings of the revenue officer need to challenged by the aggrieved party by availing the remedy under the law as this/High court cannot dilate upon the issue which requires evidence as the parties have levelled allegations and counter allegations against each other on the subject issue of grant of land---Constitutional petition was disposed of accordingly.         Date of hearing: 23rd May, 2024.                                                                                                                                Order       Adnan-ul-Karim Memon, J.---Petitioner Muhammad Kamil seeks a declaration to the effect that the order dated 18.1.2017 passed by the Member Judicial-II Board of Revenue Sindh whereby the grant of 11 acres of land, situated in Deh Pir Bux Aradin, made in favor of the petitioner was canceled, on…