| Case ID |
2355df7e-7a6b-488c-8a8d-33dbed9298f0 |
| Body |
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| Case Number |
Writ Petition No. 1652 of 1991 |
| Decision Date |
May 25, 1992 |
| Hearing Date |
May 25, 1992 |
| Decision |
The Lahore High Court accepted the petition under Article 199 of the Constitution, challenging the order dated 26.2.1991 passed by the learned Member (Consolidation) of the Board of Revenue. The court found that the power of review under Section 8 of the Board of Revenue Act, 1957 was limited and that the Member was not competent to set aside the order of his predecessor. The court ruled that there was no new or important evidence discovered that warranted a review, and the grounds for review were related to the merits of the case, which could not be re-opened under the limited scope of review. The impugned order was declared as without lawful authority and of no legal effect, thereby reinstating the order dated 28.8.1990. |
| Summary |
This case revolves around a Writ Petition filed by Muhammad Amin and others against the Member (Consolidation) of the Board of Revenue, Punjab, concerning a consolidation scheme in the revenue estate of Walipur. The petitioners challenged the review order passed by the Member, asserting that it lacked lawful authority under the Board of Revenue Act, 1957. The court emphasized that the scope of review is limited to errors apparent on the face of the record and does not allow for re-examination of case merits. The ruling reinforced the principle that review petitions must present new evidence or significant errors, which were not established in this instance. The decision highlights the importance of adhering to procedural laws and the limits of review jurisdiction, ensuring that prior orders remain valid unless substantial grounds for alteration are provided. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASSAN KHAN, J
|
| Lawyers |
Ch. Nazar Hussain,
Mr. Irfan Qadir,
Mr. M. Hanif
|
| Petitioners |
7 others,
MUHAMMAD AMIN
|
| Respondents |
3 others,
MEMBER (CONSOLIDATION), BOARD OF REVENUE, PUNJAB
|
| Citations |
1992 SLD 2125,
1992 PLJ 314
|
| Other Citations |
AIR 1922 P.C. 112,
PLD 1962 SC 335,
1981 Law Notes (SC) 296,
PLJ 1979 Karachi 115,
PLD 1979 SC 741,
1991 SCMR 2307
|
| Laws Involved |
Board of Revenue Act, 1957,
Consolidation of Holdings Ordinance, 1960
|
| Sections |
Section 8
|