| Case ID |
38cadb11-a065-4143-a621-7885d0181dd6 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 481-D of 2015 with C. Misc. No. 505-D/201 |
| Decision Date |
Dec 19, 2017 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed under Article 199 of the Constitution of Pakistan regarding the partition of land. The decision involved the interpretation of the Khyber Pakhtunkhwa Land Revenue Act, 1967, specifically concerning the powers of the Board of Revenue and the validity of prior orders in the revenue hierarchy. The court found that the Board of Revenue acted within its authority when it remanded the case for a fresh hearing, confirming that all legal objections could be raised before the Deputy Commissioner. The ruling emphasized the finality of orders passed by the Board of Revenue in the context of land revenue matters, thus reinforcing the procedural integrity of the land partition process. |
| Summary |
The case revolves around the partition of land as per the Khyber Pakhtunkhwa Land Revenue Act, 1967. Petitioners challenged the legality of the order passed by the Board of Revenue, which remanded the case back to the Deputy Commissioner for a fresh decision. The court upheld that the Board of Revenue, being the apex body in the revenue hierarchy, had the authority to correct lower forum decisions. The importance of adhering to established timelines for appeals was highlighted, and the court reiterated that legal objections could still be raised in subsequent hearings. The case illustrates the complexities of land revenue law and the procedural safeguards designed to ensure fair adjudication in land disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ ANWAR
|
| Lawyers |
Malik Muhammad Asad for Petitioners,
Adnan Ali AAG for Respondent No. 1,
Rustam Khan Kundi for Private Respondents
|
| Petitioners |
IQBAL HUSSAIN AND 4 OTHERS
|
| Respondents |
MEMBER, BOARD OF REVENUE AND OTHERS
|
| Citations |
2018 SLD 894,
2018 YLR 884
|
| Other Citations |
1986 SCMR 962,
2015 MLD 405,
PLD 2016 Pesh. 49,
2015 CLC 14,
2015 YLR 788,
Mst. Bas Khana and others v. Muhammad Raees Khan and others PLD 2005 Pesh. 214,
Abdullah and others v. Muhammad Haroon and others 2002 CLC 1419,
Syed Lal Hussain Shah v. Lal Muhammad and 5 others 2005 CLC 1076
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act, 1967,
Khyber Pakhtunkhwa Board of Revenue Act, 1957
|
| Sections |
135,
164,
167,
179,
7
|