Case Details

Citation(s)
2005 SLG 1346 2005 SLD 1346 2005 CLC 1371
Supreme Court (AJ&K)
Civil Appeal No.15 of 2004, decision dated: 1st April, 2005. (On appeal from the judgment of the High Court dated 13-12-2003 in Writ Petition No.15 of 1999).
SYED MANZOOR HUSSAIN GILANI AND CHAUDHARY MUHAMMAD TAJ, JJ

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MUHAMMAD AZAM

VS

ALLAH BELI alias TASSADEQ BAIG and 9 others

Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 4(4) & 161---Appeal before Member, Board of Revenue---Board of Revenue was no doubt an Appellate Authority of subordinate revenue agency, but its appellate powers were regulated by law and had to be exercised in accordance with law---Finding on facts was the concern of subordinate Revenue Officer maintaining the record and their reports had to be given weight unless a cogent contrary record or evidence was brought on record.. Rule of concurrent findings could not be said not to be applicable in such proceedings when it was found by Collector as well as Commissioner, on the basis of reports of Patwari, Girdawar, Revenue Assistant and spot inspection that respondents were in possession of the land---Member, Board of Revenue had definitely acted contrary to law and facts concurrently concluded by subordinate Revenue Authorities. Rehmatullah and others v. Muhammad Ismail and others PLD 1958 W.P. (Rev.) 77 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Revision---Suo motu power of Board of Revenue---Appeal to Supreme Court---Suo motu power of Board of Revenue, prima facie would be attracted when it would take notice of a particular fact on its own based on its own knowledge and not when an unsuccessful person invoked its jurisdiction---Courts or other quasi-judicial Authorities were not to act in aid of private vengeance, but in furtherance of law, justice and their own duty---If the orders or proceedings of subordinate Authority were illegal, irregular or unjust, the revisional Authority could suo motu set them right, even if, those would come to their notice at a belated revision stage of an aggrieved person---In instant case, appellant before Board of Revenue was never a party before subordinate Revenue Authorities and no illegality or irregularity was in the proceedings---No reason was to invoke suo motu powers. Raja Muhammad Siddique, Advocate for Appellant. Muhammad Yunus Tahir, Advocate for Respondents. Date of hearing: 22nd March, 2005. JUDGMENT SYED MANZOOR HUSSAIN GILANI, J.--- This appeal with leave…
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