Law:

Section:

(a) West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64]---- Para. 6 --- Punjab Land Reforms Rules, 1972, R.12--- Constitution of Pakistan (1973), Arts.185(3) & 199 --- Leave to appeal was granted to consider question whether the orders could be reviewed in pursuance of the application by the appellant and if so, whether the High Court could interfere on it-, view that review should not have been granted and substitute its opinion for that of the stutter authority.. (b) Punjab Land Reforms Rules, 1972--, R. 12 --- Review --- No time limit is prescribed in the matter of -no motu exercise of power of review- (c) Punjab Land Reforms Rules, 1972-- --- R. 12 --- Constitution of Pakistan (1973), Art.199 --- Civil Procedure Code (V of 1908), S.151 --- Criminal Procedure Code (V of 1898), S.561-A --- Review --- Land Commissioner had power to review his order without any time limit and could act suo motu on the information laid before him --- Once Land Commissioner had jurisdiction and passed order in exercise thereof, High Court could interfere only if the order was without jurisdiction or was without lawful authority. The application for review by an interested party could be made within 20 days. But the Land Commissioner unquestionably had power to review his order without any time limit. He could do so when the order sought to be reviewed was passed in disregard of the statutory provision and injustice was done to the applicant who had superior right and claim to the land qua the respondent. By doing so he had done justice between the parties. His order could not be termed as without lawful authority simply because the applicant had moved beyond time. He could dismiss the application and yet could act suo motu. on the information laid before him. Once he had jurisdiction and passed order 'in exercise thereof the High Court could interfere only if the order was without jurisdiction or in other words without lawful authority. At least the High Court should not have exercised its jurisdiction under Article 199 of the Constitution which is discretionary, to perpetuate an illegality or injustice done to the appellant. An interested person cannot claim as of right…

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