Legal Case Summary

Case Details
Case ID 38580f7d-9275-4024-8a57-6bb47b6da213
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 319
Decision Date Jun 03, 1989
Hearing Date
Decision The Supreme Court of Pakistan dismissed the petition for leave to appeal, concluding that the Board of Revenue had adequately considered the merits of the case before it and deemed the impugned orders unexceptionable. The court noted that the petitioners were aggrieved by the withdrawal of two khasras from their allotments during the consolidation of holdings. The court emphasized that the distribution of land is not a matter for the High Court to consider in writ jurisdiction. The reasoning provided by the High Court was not contested by the learned counsel. Thus, the petitioners had no merit in their application for leave to appeal.
Summary The case revolves around the consolidation of land holdings under the West Pakistan Consolidation of Holdings Ordinance, 1960. The petitioners challenged the withdrawal of khasras during the consolidation process. The Supreme Court evaluated previous litigation where the respondents' petition was dismissed but remanded for further consideration. The court upheld the Board of Revenue's findings, asserting that the land distribution was not a suitable matter for High Court intervention. The ruling emphasizes the autonomy of the Board of Revenue in land consolidation matters, clarifying that the petitioners' grievances lacked sufficient merit to warrant an appeal. This case sets a precedent in terms of administrative authority over land consolidation and the limitations of judicial review in such matters.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges MUHAMMAD AFZAL ZULLAH, JAVID IQBAL
Lawyers Ch. Muhammad Abdullah, Advocate Supreme Court
Petitioners MUHAMMAD SHARIF, 3 others
Respondents 3 others, Mst. GHULAM ZOHRA
Citations 1990 SLD 681, 1990 SCMR 543
Other Citations P L D 1974 S C 139, 1970 S C M R 292, 1981 S C M R 804
Laws Involved West Pakistan Consolidation of Holdings Ordinance, 1960, Constitution of Pakistan, 1973
Sections 10, 185(3)