Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

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

Section: 164,163

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 163 & 164---Civil Procedure Code (V of 1908), S.151---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Sanction of government land as `Teh Zamini'---Khalsa land was sanctioned in favour of the petitioner as `Teh Zamini' through notification---Respondent filed a review petition against such notification, which was ultimately dismissed and matter between the parties was finally concluded up to the Supreme Court---Despite said finality Collector sanctioned mutation in respect of land in dispute in favour of the respondent---Petitioner challenged said orders in appeal before the Revenue Commissioner, who dismissed the same---Petitioner further filed appeal/revision before the Board of Revenue, which was also dismissed on technical ground---Validity---Matter between the parties having been finally concluded up to the Supreme Court, same had become a past and closed transaction, which could not be. reinvestigated and reopened by the Revenue Courts on an application in the garb of correction of the record---Collector had not heard the petitioner nor obtained the prior sanction from the Commissioner as envisaged by S.163 of West Pakistan Land' Revenue Act, 1967---Whole proceedings taken by the Revenue Authorities, were clear-cut abuse of process of the court and were liable to be quashed in exercise of inherent jurisdiction of High Court---Even section 151 of Code of Civil Procedure had conferred jurisdiction and had granted powers to High Court to do so---Accepting writ petition, impugned orders were quashed. PLD 1963 W.P. (Rev.) 106; 1980 SCMR 952; 1999 MLD 1549; 1992 SCR 149 and 2002 PLC (C.S.) 1282 rel. Rab Nawaz's case PLD 1984 Lah. 242; Haji Noorwar Jan's case PLD 1991 SC 531; Muhammad Sharif's case 1994 CLC 2034 and Tariq Mahmood Mirza's case 2004 YLR 2921 ref. Syed Nazir Hussain Shah Kazmi and Sardar M.R. Khan for Petitioner. Raja Muhammad Hanif Khan for Respondents. ORDER MUHAMMAD YOUNAS TAHIR, J.--- This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 whereby the orders passed by the respondents have been…

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