| Citation(s) |
|---|
| 1991 SLG 1734 1991 SLD 1734 1991 CLC 667 |
Lahore High Court
Writ Petition No. 2088 of 1990, decided on 26th November, 1990
MUHAMMAD MUNIR KHAN, J
Khizar Hayat Khan Punnian for Petitioner
Writ Petition No. 2088 of 1990, decided on 26th November, 1990
MUHAMMAD MUNIR KHAN, J
Khizar Hayat Khan Punnian for Petitioner
MUHAMMAD HASSAN
VS
THE STATE and 4 others
Law:
Section:
(a) West Pakistan Land Revenue Act (XVII of 1967)----------- ----S. 36 --- Constitution of Pakistan (1973), Art.199 --- Constitutional jurisdiction, exercise of --- Order of dismissal of Lambardar passed by Collector was upheld by Commissioner in appeal, and Board of Revenue in revision --- Petitioner's review application was also dismissed by Board of Revenue --- Validity of Collector, Commissioner and Board of Revenue, having concurrently found that petitioner was not discharging his duties properly; that he was guilty of over charging Chaukidara dues; that he had failed to deposit Panjotra for specific period and also refused to receive Dhal Bachh for the succeeding year; there was nothing on record to show that aforesaid allegations against petitioner were false --- Case for interference in Constitutional jurisdiction was not made out in circumstances. (b) West Pakistan Board of Revenue Act (XI of 1957)--- ---- S.8 --- Constitution of Pakistan (1973), Art.199 --- Review --- Member Board of Revenue passing order on review had previously passed appellate order as Commissioner, against petitioner --- Effect --- Petitioner having appeared before Member, Board of Revenue had made no objection to his hearing of review application at that time --- Review application having been filed against order passed by another Member of the Board of Revenue, Member hearing review application, had refused to interfere with that order on the ground that no patent error or omission on ' the face of record to justify interference in review was pointed out --- No case for interference in Constitutional jurisdiction was made out. ORDER Through this Constitutional petition, Muhammad Hussain, petitioner, seeks declaration to the effect that, the order dated 14-9-1988 of District Collector, Vehari, order dated 7-3-1989 of the Commissioner, Multan Division, Multan, respondent No.3, and orders dated 23-12-1989 and 30-4-1990 passed by the Member (Revenue), Board of Revenue, Punjab, Lahore, respondent No.2, are without lawful authority and of no legal effect. 2. The petitioner was a permanent Lambardar of Chak No.139/W.B. Tehsil Mailsi, District Vehari. On the recommendation made by the…
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