| Case ID |
1e4dc5fd-2498-4fa9-9ac3-4913b795e1e5 |
| Body |
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| Case Number |
Writ Petition No. 15971 of 2010 |
| Decision Date |
Feb 28, 2018 |
| Hearing Date |
Jan 24, 2018 |
| Decision |
The Lahore High Court dismissed the writ petition challenging the judgment dated 20.08.2009 passed by the Member (Consolidation) Board of Revenue Punjab Lahore. The court held that the order of the Additional Commissioner (Consolidation) declaring mutations as null and void was not contrary to law. The petitioners failed to demonstrate that the impugned order was without jurisdiction or against any legislative provision. The court emphasized that the party approaching the High Court must show the order to be without jurisdiction or contrary to law, which was not established in this case. |
| Summary |
In the case of Writ Petition No. 15971 of 2010 before the Lahore High Court, the court examined the implications of the Land Reforms Regulation, 1972, and the Constitution of Pakistan, 1973, particularly under Article 199. The petitioners, Naza and Others, challenged the decision of the Member (Consolidation) Board of Revenue Punjab regarding the status of certain land mutations. The court found that the petitioners could not substantiate their claims that the Board's decision was without jurisdiction or contrary to any law. The ruling reiterated the importance of adhering to established legal precedents regarding land ownership and rights, especially in light of the historical context of land reforms in Pakistan. The decision emphasized that mutations affecting land ownership must be examined within the framework of existing laws and regulations, and that the rights of Adna Maliks are protected under these laws. The court's decision to dismiss the writ petition serves as a reminder of the rigorous standards required for judicial review in land disputes, particularly in cases involving complex legal histories and ownership claims. This case highlights the ongoing challenges in land reform and the protection of property rights in Pakistan, making it significant for legal practitioners and stakeholders in land management. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Amin-Ud-Din Khan
|
| Lawyers |
Malik Noor Muhammad Awan,
Sh. Naveed Shehryar,
Miss Saima Hanif,
Fatima Malik,
Malik Allah Wasaya,
Zafar Iqbal Chaudhry,
Malik Muhammad Azeem
|
| Petitioners |
Naza and Others
|
| Respondents |
Abdul Hayee (Deceased) through L.Rs. and Others
|
| Citations |
2018 SLD 2466,
2018 YLR 2383
|
| Other Citations |
2015 SCMR 1550,
2007 SCMR 1587,
1996 SCMR 669,
PLD 1979 Lah. 481
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan, 1973
|
| Sections |
Para.8,
Para.22,
199
|