Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 114

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 114

Law: Government Dues Recovery Ordinance (XXII of 1962)

Section: 1,2,3

(a) Government Dues Recovery Ordinance (XXII of 1962)-------S. 3---West Pakistan Land Revenue Act (XVII of 1967), Ss.86, 87 & 114---Specific Relief Act (I of 1877), Ss.42 & 54---Recovery of Government dues---Suit for declaration and injunction---Plaintiff, who was Government Contractor having been declared liable for the recovery of suit amount, Deputy Commissioner directed Assistant Collector (Recovery) to recover the suit amount from him as arrears of land revenue---Suit filed by the plaintiff against said method of recovery was dismissed by the Trial Court and Appellate Court upheld of the Trial Court---Validity---Both courts below had failed to determine the real and core issues involved in the case and had taken cognizance to decide the matter on merits leaving aside the issues which called into question, that the legal sanction behind the procedure adopted and action taken by the authorities to recover the alleged dues from the plaintiff; and whether Deputy Commissioner was competent to simply direct Assistant Commissioner (Recovery) to recover the alleged due amount from the plaintiff as if same was arrears of land revenue---Under provisions of S.3 of Government Dues Recovery Ordinance, 1962 any dues recoverable by Government though were recoverable from the defaulters as if such dues were arrears of land revenue, but after publication of the Notification by the Government declaring the dues as if same were recoverable as arrears of land revenue---No officer or authority other than Provincial Government, was competent to declare any Government dues as if same were recoverable as arrears of land revenue---In the present case Deputy Commissioner, who had issued directives to the Assistant Collector, nowhere figured in the relevant law; his directives, in circumstances, were without jurisdiction and void ab initio---Courts below had committed gross negligence and had shown their ignorance of law by not taking judicial notice of said illegal and without jurisdiction action taken by the administrative authorities---Concurrent findings of the courts below and the proceedings before the Assistant Collector were declared to be void and were set aside.…

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