Case Details

Citation(s)
1997 SLD 778 = 1997 CLC 1302
Lahore High Court
,Revision Petition No.491-D of 1980, decided on 22nd May, 1996.
Presented By: Before Karamat Nazir Bhandari, J
Ghaus Muhammad Ch. for Petitioner. M. Iqbal for
Respondent.

MUHAMMAD ASLAM---Petitoner

VERSUS

PUNJAB PROVINCE through Collector, Sheikhupura---Respondent

Law: West Pakistan Land Revenue Act, 1967

Section: 4 (28) , 113 , 172

  West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.4 (28), 113 & 172---"Village Officer"---Connotatiori---"Tahveeldar" entrusted with duty to collect land revenue whether fell within definition of "Village Officer"---Suit by "Tahveeldar" for permanent injunction against Government restraining it from recovering arrears of land revenue-- Maintainability---Definition of Village officer was large enough to include any person who was appointed or entrusted with the duty of collection or to supervise collection of revenue of estate and would further include persons mentioned therein to be Village Officer---Petitioner being "Tahveeldar" entrusted with duty to collect revenue on behalf of Government would be deemed to fall within definition of "Village Officer" as defined in S.4(28), West Pakistan Land Revenue Act, 1967 and could be proceeded against under S.113 of the Act and recovery of amount due could be made as arrears of land revenue from him---Petitioner having recovered land revenue from land owners, his failure to deposit the same in Government Treasury and thereafter filing suit against Government contesting its authority to recover the same from him would bring his suit within ambit of S.172(2)(ix) & (acv), West Pakistan Land Revenue Act whereby jurisdiction of Civil Court was barred to hear such suit---Civil Court, thus, had no jurisdiction to entertain and hear such suit.---[Words and phrases--Jurisdiction]. Jam Gul Muhammad v. Government of West Pakistan through Collector PLD 1975 BJ 1; Malik Abdullah Karim v.   West Pakistan Province through Collector, Rehimyar Khan and another PLD 1978 BJ 22; Subedar Muhammad Fayyaz Khan v. Raja Akhtar Zaman Khan and others PLD 1956 (W.P.) Pesh. 27; Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356; Abdul Rauf and others v. Abdul Hamid Khan and others PLD 1965 SC 671 and Muhammad Mureed v. Government of Punjab and 2 others 1979 CLC 151 ref. . , West Pakistan Land Revenue Act (XVll of 1967) ----Ss.91 & 172---Proceedings for recovery of arrears of land revenue against petitioner---Validity---Petitioner should have…
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