| Case ID |
0b1e0ac4-cd6a-40de-9de4-0e4a630f7766 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Mar 10, 1999 |
| Hearing Date |
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| Decision |
The Review Petition filed by the petitioners Muhammad Aslam and others against the decision of the Member (Colonies) dated 22-12-1994 was meticulously examined. The Board of Revenue, Punjab, under the West Pakistan Board of Revenue Act (XI of 1957), exercised its limited power of review as stipulated in section 8. After thorough consideration of the arguments and evidence presented, it was determined that the grounds for the review petition did not meet the stringent criteria required for such a review. Specifically, there was no discovery of new and important matter or evidence, no mistake or error apparent on the face of the record, and no other sufficient reason that justified the Board to alter its previous decision. Consequently, adhering to the legal framework and ensuring judicial consistency, the Board of Revenue rejected the review petition. |
| Summary |
In the landmark decision of Board of Revenue, Punjab, Review No. 178 of 1995, decided on March 10, 1999, the petitioners Muhammad Aslam and three others challenged the refusal of proprietary rights over state land in Chak No. 143/GB, Tehsil Yazman, District Bahawalpur. The case navigated through administrative procedures involving the District Collector and Assistant Commissioner, highlighting the stringent application of the West Pakistan Board of Revenue Act (XI of 1957), specifically section 8. This section restricts the Board's power of review to situations involving new evidence, apparent errors, or other sufficient reasons, ensuring limited judicial interference to prevent endless litigation cycles. The Board meticulously reviewed the petitioners' claims, which were based on the alleged unauthorized possession and previous lease applications by the predecessor-in-interest, Khair Din. Despite the petitioners' assertions, the Board upheld the rejection of the review petition, emphasizing that the grounds presented did not satisfy the legal prerequisites for a review under the prevailing law. This decision underscores the importance of adhering to procedural norms and the limited scope of administrative reviews in land and revenue matters within the Punjab jurisdiction. Legal practitioners and stakeholders in property law can derive significant insights from this case, particularly concerning the application of administrative law and the limitations imposed by statutory provisions. The case also illustrates the roles of various legal representatives, including advocates like Haq Nawaz Kiani and Ch. Sultan Ahmad, in navigating complex legal landscapes to advocate for their clients' interests. Overall, this decision reinforces the judicial system's commitment to maintaining legal consistency, limiting administrative overreach, and ensuring that review mechanisms are exercised judiciously and within defined legal boundaries. For individuals and entities involved in land disputes, understanding the implications of such judgments is crucial for effective legal strategy and compliance with statutory requirements. This case serves as a pivotal reference point for future litigation and administrative proceedings related to land leases, proprietary rights, and the enforcement of revenue laws in Punjab. |
| Court |
Board of Revenue, Punjab
|
| Entities Involved |
District Collector,
Assistant Commissioner,
West Pakistan Board of Revenue
|
| Judges |
Shahzad Hassan Pervez, Member (Judicial-I)
|
| Lawyers |
Haq Nawaz Kiani for Petitioners,
Ch. Sultan Ahmad for Respondents
|
| Petitioners |
MUHAMMAD ASLAM and 3 others
|
| Respondents |
SARDAR MUHAMMAD and 3 others
|
| Citations |
2000 SLD 2230,
2000 MLD 41
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Board of Revenue Act (XI of 1957)
|
| Sections |
8
|