Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Allotment, cancellation of---Allegation of fraud and forgery---Past and closed transaction---Authorities reopened the case of allotment of land in favour of petitioner on the plea of fraud and forgery---Validity---Mere allegation of fraud and forgery did not, ipso facto, vest the authorities with jurisdiction in a matter which had otherwise attained finality---If such a course was allowed to be adopted, then there would be no end to it---Issuance of memorandum and initiation of proceedings by authorities were without any factual or legal justification and were declared as of no legal effect---Official functionaries of State were expected to take maximum care before initiating proceedings in such matters on mere bald assertions of fraud and forgery---Due application of mind was necessary before issuing process so that abuse of law and misuse of power could be avoided and valuable time in conducting futile proceedings be saved-'-Constitutional petition was allowed in circumstances. Nawabzada Zafar Ali Khan and others v. Chief Settlement Commissioner/Member, Board of Revenue, Punjab, Lahore and others 1999 SCMR 1719; Syed Istijab Hassan and 4 others v. Member (Settlement and Rehabilitation Wing), Board of Revenue/Chief Settlement Commissioner, Punjab, Lahore and 2 others 1999 YLR 1627; Syed Ahmad Nusrat Ullah and others v. Member, Board of Revenue and others 2002 CLC 384; Begum Shams-un-Nisa v. Said Akbar Abbasi and another PLD 1982 SC 413 and Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 rel. JUDGMENT SAYED ZAHID HUSSAIN, C.J.---Memorandum dated 26-10-2004 whereby the petitioner was directed to appear before the Deputy Secretary (S&R) Board of Revenue, Punjab "for statement/documents in support of allegations levelled by the complaint failing which the case will be decided ex parte" is sought to be assailed through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. 2. The circumstances in which this petition arises are that the predecessor-in-interest of the petitioner was allotted land…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492