Case Details

Citation(s)
1992 SLG 2130 1992 SLD 2130 1992 PLJ 340
Lahore High Court
Writ Petition No.497 of 1984, accepted on 30.5.1992 Speaking Order- Date of hearing: 30.5.1992.
MUHAMMAD ILYAS, J
Ch. Mushtaq Ahmad Khan, Advocate for Petitioners. Rana Naeem Sanvar, Advocate for
Respondents 6 to 14.

KAMIL HUSSAIN and anothers

VS

MEMBER, BOARD OF REVENUE, PUNJAB, and 13 others--Respondents

Law:

Section:

Writ Petition No.497 of 1984, accepted on 30.5.1992 Speaking Order— —Revision petition before Board of Revenue—Dismissal of—Challenge to—It is evident from para 3 of impugned order that detailed arguments were presented before learned Member but he-has not made mention of any of those arguments nor has he recorded separate and specific findings thereon- He did not apply his own mine! to matter in dispute-Held: Learned Member did not dispose of revision petition with a speaking order and his order is of no legal effect-Petition accepted.     [P.341JAB JUDGMENT This writ petition has arisen out of a revision petition filed by the petitioners, Kamil Hussain and another, against the respondents, Taj Din and others, challenging legality of an order, made by the Additional Commissioner (Revenue), Lahore Division, Lahore, in respect of certain land. The revision petition was dismissed bv the Member (Revenue), Board of Revenue, Punjab. The petitioners have, therefore, invoked the constitutional jurisdiction of this Court. 2. Foremost argument presented by learned counsel for the petitioners was that the learned Member (Revenue) did not pass a speaking order and, therefore, the matter deserved to be remanded back to him for fresh decision. It was pointed (out) by him Ihat learned Member (Revenue) did not apply his mind lo the facts and circumstances of the case or the arguments advanced before him and simply reproduced the order of the learned Additional Commissioner (Revenue), and dismissed the revision petition with the observations that he was satisfied with the reasoning of the learned Additional Commissioner (Revenue). 3. I have gone through the order under challenge and find that, after making introductory remarks, the learned Member (Revenue) reproduced the order of the learned Additional Commissioner (Revenue).He, thereafter recorded paragraph 3 which makes the following reading:— 3. I have heard the learned counsel for the parties in considerable detail and have referred to the record of the lower Courts. I am satisfied that the impugned order of the Additional Commissioner is well reasoned, based on facts and does not…
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