| Citation(s) |
|---|
| 2006 SLG 722 2006 SLD 722 2006 PLD 30 |
Quetta High Court
Constitutional Petitions Nos. 398, 399, 400, 401, 402, 403 and 443 of 2003, decided on 12-06-2006. Date of hearing: 06-06-2006.
AHMED KHAN LASHARI, JUSTICE MEHTA KAILASH NATH KOHLI, JUSTICE
Petitioner(s) by: Muhammad Riaz Ahmad (in C.Ps. Nos.398, 399, 400, 401, 402, 403 and 443 of 2003).
Respondent(s) by: Shamsuddin, Asstt. A.G. (in C.Ps. Nos.398, 399, 400, 401, 402, 403 and 443 of 2003).
Constitutional Petitions Nos. 398, 399, 400, 401, 402, 403 and 443 of 2003, decided on 12-06-2006. Date of hearing: 06-06-2006.
AHMED KHAN LASHARI, JUSTICE MEHTA KAILASH NATH KOHLI, JUSTICE
Petitioner(s) by: Muhammad Riaz Ahmad (in C.Ps. Nos.398, 399, 400, 401, 402, 403 and 443 of 2003).
Respondent(s) by: Shamsuddin, Asstt. A.G. (in C.Ps. Nos.398, 399, 400, 401, 402, 403 and 443 of 2003).
SULEMAN AND OTHERS
VS
GOVERNMENT OF BALOCHISTAN THROUGH DEPUTY COMMISSIONER/COLLECTOR KHUZDAR AND OTHERS
Law: Limitation Act, 1908
Section: 5
(a) West Pakistan Board of Revenue Act (XI of 1957)-------S. 8---Review of orders by Board of Revenue---Provisions of S.8 of West Pakistan Board of Revenue Act, 1957, had given review powers to Board of Revenue relating to any order which was found on discovery of new facts based on mistake or error affecting the root of the case---Said powers appeared to be very wide and Legislature in its wisdom allowed Full Board to examine even new grounds. Munawar Kashan and another v. Government of Balochistan through Secretary, Revenue, Balochistan Civil Secretariat, Quetta and 2 others 2000 MLD 2015 ref. (b) Limitation Act (IX of 1908)------S. 5---Question of limitation---If order was passed and jurisdiction was exercised in the manner, which was against the provisions of law or had exceeded the authority prescribed by law, question of limitation, would lose its significance. Sardar Ahmed Yar Khan Jogezai and 2 others, v. Province of Balochistan 2002 SCMR 122 ref. THIS JUDGMENT DELIVERED BY: MEHTA KAILASH NATH KOHLI, J.--- This common order shall dispose of Constitution Petitions Nos. 398/2003, 399/2003, 400/2003, 401/2003, 402/2003, 403/2003 and 443/2003. The common facts of the case are that some pieces of land situated in Khuzdar were entered in the name of the petitioners during the year 1992 while some of the properties were entered in the name of Government. (The details of the properties mentioned in the petitions are not required to be mentioned and will be stated as `land in dispute'). Private respondents as well as petitioners filed appeals against order of settlement officer, Kalat Division. Against the said order of the settlement officer, who had accepted some of the appeals, vide order dated 25-7-1993, an appeal was filed before the Commissioner, Kalat at Khuzdar, who treated the said appeals filed by petitioners as well as Government as revision and decided vide order dated 28-7-1994. The observations of the learned Commissioner, Kalat are reproduced herein below:-- "Therefore, I consider the arguments/documents produced by the private respondents un-acceptable as being false and order that the appeals mentioned at Sr. Nos.1 to 3, 5 and 6, are accepted…
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