| Case ID |
13681164-b154-4557-abf0-024379c17934 |
| Body |
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| Case Number |
Civil Petition No.820 of 1981 |
| Decision Date |
Jul 20, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the constitutional petition filed by the petitioner, NOSHER KHAN, regarding the recovery of government dues. The court determined that the question of whether any amount was due from the petitioner, who served as a Lambardar, was a factual matter. The High Court's previous observation that the petitioner had alternative remedies under the Land Revenue Act was upheld. The petitioner's argument that the amount demanded was not due or was less than the amount claimed was deemed to be a matter for the authorities to examine. The court concluded that the dismissal of the writ petition by the High Court did not suffer from any legal error, and therefore, leave to appeal was refused. |
| Summary |
In the case of NOSHER KHAN Vs TEHSILDAR, TEHSIL JARANWALA, the Supreme Court of Pakistan addressed the constitutional petition regarding the recovery of government dues from the petitioner, a Lambardar. The court emphasized that the determination of any outstanding amount owed by the petitioner was a factual issue for the authorities to resolve. The petitioner's claim that the amount was not due or was less than demanded was not substantiated, and the court upheld the High Court's position that the petitioner had other remedies available under the Land Revenue Act. The decision highlighted the procedural aspects of challenging government actions and reinforced the importance of factual determinations in such cases. The ruling serves as a reference point for similar disputes involving government dues and the rights of Lambardars. The case underscores the critical role of legal representation in navigating complex government regulations and the avenues available for recourse when facing governmental claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Malik Allah Yar Khan
|
| Petitioners |
NOSHER KHAN
|
| Respondents |
TEHSILDAR, TEHSIL JARANWALA and others
|
| Citations |
1989 SLD 1732,
1989 SCMR 1500
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3),
199
|