Case Details

Citation(s)
2005 SLG 1372 2005 SLD 1372 2005 SCMR 1380
Supreme Court of Pakistan
Civil Petitions Nos.2972-L to 2989-L of 2000, decision dated: 11-05-2005
KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ

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MEMBER, BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, PUNJAB, Lahore High Courts

VS

. KHUDA BAKHSH and others

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 185(3) & 199---Qanun-e-Shahadat (10 of 1984), Art.114---Constitutional petition before High Court---Laches---Administration of justice---Doctrine of estoppel---Applicability---Respondents were allotted land by Settlement Department but the allotment was cancelled after about 15/20 years after their settlement---Respondents being aggrieved of the act of Settlement Authorities invoked the Constitutional jurisdiction of High Court where Advocate-General gave an undertaking on behalf of the Authorities with regard to settlement of respondents---In compliance of the statement of Advocate-General, the Notified Officer allotted alternate lands to respondents---Five years after the allotment of alternate lands to the respondents, Board of Revenue filed Constitutional petitions before High Court assailing the order of Notified Officer whereby the alternate lands were allotted to the respondents---High Court in exercise of Constitutional jurisdiction dismissed the petitions and maintained the order of allotment made by Notified Officer---Validity---Held, it did not lie in the mouth of Board of Revenue/Chief Settlement Commissioner to say that the Notified Officer, who had passed the order pursuant to the entrustment of the matter to him by Board of Revenue/Chief Settlement Commissioner himself in pursuance of the commitment made by their representative before High Court, had acted illegally and without jurisdiction---Order passed by Notified Officer, besides being operating as an estoppel against Board of Revenue, was an order which had done justice to respondents---Superior Courts had always refused to interfere with an action which advanced the cause of justice and which undid a manifest wrong done to a helpless and suffering party---Authorities failed to offer any explanation about the inordinate delay of at least 5 years in approaching High Court---Board of Revenue/Chief Settlement Commissioner was estopped by his own words and conduct from questioning the order of Notified Officer which order had ensured justice to the suffering respondents---Conduct of Authorities in not restoring the original allotments of lands to…
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