Case Details

Citation(s)
1993 SLG 1218 1993 SLD 1218 1993 PLD 694
Lahore High Court
L.P.As. Nos. 142 and 143 of 1972,. heard on 17th May, 1993
KHAN RIAZ-UD-DIN AHMAD AND CH. MUSHTAQ AHMAD KHAN, JJ
Mirza Anwar Baig for Appellant. Bashir Ahmed Ansari for
Respondents

Brig. SADAAT ALI SHAH --Appellant

VS

MUHAMMAD HANIF and 3 others --Respondents

Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) ---- S.13 --- Constitution of Pakistan (1973), Art.199 --- Consolidation scheme--­Interference in Constitutional jurisdiction ---Orders passed by Consolidation Authorities were not liable to be interfered with in Constitutional jurisdiction of High Court, unless and' until decrees of entitlement of a party ad been effected through such orders --- Where dispute was relatable to the situation of land which had been allocated to the parties respectively in accordance with the provisions of West Pakistan Consolidation of Holdings Ordinance, 1960, and the scheme made thereunder, such. order having been passed in exercise of exclusive jurisdiction of Consolidation Authorities could not have been interfered with in exercise of Constitutional jurisdiction of High Court. Ghularn Qadir v. Member, Board of Revenue, West Pakistan, Lahore and 4 others 1970 SCMR 292; Muhammad Hussain Munir and others v. Sikandar and others PLD 1974 SC 139; Muhammad Khan and another v. Pehalwan and others 1983 CLC 404; Sardar Bibi and others v. Shakila Bibi and others 1983 CLC 1668; Wali Dad v. Muhammad Khan etc. 1988 CLC 2144 Falak Sher and others v. Sharif and others 1989 SCMR 1096 and Barkat Al and others v. Member, Board of Revenue (Consolidation), Lahore and other 1989 SCMR 1732 rel. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) ---- S. 13 --- Constitution of Pakistan (1973), Art.199 --- Limitation Act (IX of 1908), S.5 --- Appeal against consolidation scheme --- Condonation of delay --­ Validity --- Collector (Consolidation) being a Court of competent jurisdiction had jurisdiction to condone the delay which was condoned for cogent reasons --- High Court in exercise of Constitutional jurisdiction was not competent to interfere with the discretion so exercised. Mumtaz Khan v. Chief Settlement and Rehabilitation Commissioner and another PLD 1966 SC 276; Saeeduddin Ahmed Naqvi v. Abdul Ghafoor 1977 SCMR 306; National Bank of Pakistan and another v. Muhammad Asif Ahmed and 2 others PLD 1985 Quetta 100; Nek Muhammad v. A.C., Jhelum and others 1986 SCMR 1493 and Allah Yar Khan v. Mst. Sardar Bibi and others…
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