Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss.42 & 161---Constitution of Pakistan (1973), Art. 199---Time-barred appeals against attestation of mutations---Effect---Constitutional jurisdiction--­Essentials---Article 199 of the Constitution vests special powers of extraordinary nature, in High Court, therefore, High Court should use them only in extraordinary circumstances---High Court ordinarily would not review findings of facts reached by Courts/Tribunals below even if same were erroneous---Court which has jurisdiction over subject-matter, has jurisdiction to decide the same rightly or wrongly---High Court in exercise of its Constitutional jurisdiction only acts in its supervisory capacity and not as Appellate Court---High Court would, thus, interfere only in those cases where inferior Court/Tribunal had acted without jurisdiction or had failed to exercise its jurisdiction or had acted in excess of its jurisdiction---Where petitioners had kept silence for about 33 months and thereafter, filed appeals against attestation of mutations before Additional Commissioner, who accepted the same without taking note of the fact that same were barred by time, Board of Revenue was quite justified in setting aside orders of Additional Commissioner---Board of Revenue had not acted either without jurisdiction or in excess of jurisdiction and had decided matter in question in accordance with principles of natural justice---No interference in Constitutional jurisdiction of High Court was thus warranted---Mutations attested by Revenue Officer were maintained in circumstances. JUDGMENT JAWAID NAWAZ KHAN GANDAPUR, J.---Since this writ petition and Writ Petition No.398/94 (Muhammad Qadir etc. v. Board of Revenue and others) are directed against the consolidated judgment, recorded by Member, Board of Revenue, N.-W.F.P., Peshawar, on 26-12-1991, in Revision Petition No.25 of 1988 (Waheedullah etc. v. Khan Bahadur etc.) and Revision Petition No.26 of 1988 (Mir Bahadur etc. v. Humayoon etc.) and involve identical points of law and fact, therefore, we propose to dispose of the same by this judgment. 2. Briefly stated, the facts of the case are that in the year 1981 the…

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