| Case ID |
32412223-2aad-4b81-96af-3c48941aeb7d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 4 of 2011 |
| Decision Date |
Jan 06, 2015 |
| Hearing Date |
Dec 19, 2014 |
| Decision |
The Supreme Court ruled that the writ petition was not maintainable due to laches, as the petitioners failed to explain the delay in filing. The court emphasized the necessity of impleading the Board of Revenue as a party in the writ petition, as orders from the Member Board of Revenue are considered orders of the Board itself. The court set aside the High Court's decision and dismissed the writ petition, asserting that the order from the Board of Revenue was made within its jurisdiction and not subject to challenge in this context. |
| Summary |
This case involves a civil appeal concerning the partition of land, which was initiated by the petitioners against orders from the Board of Revenue. The Supreme Court addressed issues of laches due to significant delays in filing the writ petition, emphasizing strict adherence to procedural requirements, including the necessity of including the Board of Revenue as a party in the proceedings. The court's decision underscores the importance of timely action in legal matters and clarifies the jurisdictional boundaries within which the Board of Revenue operates. The ruling reiterates that the High Court can only intervene in matters where orders are patently illegal or where there is no other effective remedy available. The case highlights key legal principles regarding the handling of writ petitions and the interpretation of relevant laws, setting a precedent for future cases involving similar issues in the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
CH. MUHAMMAD IBRAHIM ZIA, J
|
| Lawyers |
Raja Khalid Mehmood Khan,
Haji Ch. Muhammad Anwar
|
| Petitioners |
another,
MUHAMMAD MALIK
|
| Respondents |
MANZOOR HUSSAIN,
91 others
|
| Citations |
2015 SLD 2135,
2015 YLR 1923
|
| Other Citations |
1995 MLD 1350,
1999 MLD 268,
1996 PCr,LJ 580,
2000 YLR 1088,
2011 SCR 159,
1996 PLC (C.S.) 912,
2001 SC (AJ&K) 21,
1998 SCR 153,
2001 YLR 3348,
2007 SCR 491,
2012 YLR 2436,
2013 SCR 222,
1996 SCR 161,
1998 PLC (C.S.) 110,
1999 MLD 187
|
| Laws Involved |
Azad Jammu and Kashmir Board of Revenue Act, 1993,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
6(3),
44
|