| Case ID |
1fc8ab53-2754-47c1-bcd2-e359c6290103 |
| Body |
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| Case Number |
Constitutional Petitions Nos.509 of 1997 and 3 of |
| Decision Date |
Apr 30, 1998 |
| Hearing Date |
Apr 23, 1998 |
| Decision |
The Quetta High Court dismissed the constitutional petitions filed by Mst. Razia Jaffar and others against the Government of Balochistan. The court held that the jurisdiction of the Board of Revenue was properly invoked and the review application was maintainable. It emphasized the importance of challenging jurisdictional issues at the earliest opportunity and noted that the presence of two members constituted a 'Board' for the purpose of reviewing decisions. The court found no merit in the petitioners' claims and reaffirmed the authority of the Board of Revenue in land disputes, particularly regarding the legality of titles acquired through the 'Nautor' process. |
| Summary |
In the case of Mst. Razia Jaffar vs. Government of Balochistan, the Quetta High Court dealt with significant issues surrounding land ownership and the jurisdiction of the Board of Revenue in Balochistan. The case involved constitutional petitions challenging the legality of a notification issued by the Board which cancelled titles acquired through a settlement process. The petitioners argued that their rights were infringed upon, while the Government maintained that the titles were obtained illegally. The court ruled that jurisdictional challenges must be raised promptly and that the Board's decisions were valid. This case highlights the complexities of land law in Pakistan, particularly in relation to the rights of individuals versus government authority. The court's decision serves as a precedent in affirming the procedural integrity of the Board of Revenue and the necessity of adhering to legal frameworks in land acquisition processes. Keywords include 'land ownership,' 'jurisdiction,' 'Board of Revenue,' and 'constitutional law.' |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RAJA FAYYAZ AHMAD
|
| Lawyers |
Basharatullah,
Ehsan-ul-Haque,
Noor Muhammad Achakzai,
Syed Ayaz Zahoor
|
| Petitioners |
Mst. RAZIA JAFFAR
|
| Respondents |
GOVERNMENT OF BALOCHISTAN through the Secretary, Department bf Rev. Civil Secretariat, Quetta
|
| Citations |
1998 SLD 1420,
1998 CLC 1738
|
| Other Citations |
Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Board of Revenue Act (IX of 1957)
|
| Sections |
199,
6(1),
8
|