| Case ID |
3baa048a-613c-461e-84cf-c53060792113 |
| Body |
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| Case Number |
Writ petition No.7140 of 2001 |
| Decision Date |
Mar 05, 2004 |
| Hearing Date |
Mar 05, 2004 |
| Decision |
The Lahore High Court ruled that the Revenue Authorities had acted beyond their jurisdiction when they directed the eviction of the petitioners without lawful authority. The court determined that the Revenue Authorities had incorrectly exercised summary jurisdiction akin to that of a Civil Court by granting a decree for possession to the respondent, which was not permissible under the West Pakistan Land Revenue Rules, 1968. The court emphasized that the respondent should have sought appropriate remedies through competent jurisdiction. Consequently, the High Court ordered the restoration of possession to the petitioners, nullifying the orders of the Revenue Authorities. |
| Summary |
This case revolves around a constitutional petition concerning the jurisdiction of the Revenue Authorities in the context of land demarcation and possession. The petitioners, Mian Muhammad Aslam and another, contested the eviction orders issued by the Additional Deputy Commissioner, asserting that the Revenue Authorities lacked the jurisdiction to direct such action. The court found that the Revenue Authorities had overstepped their authority, effectively exercising the powers of a Civil Court. The ruling is significant as it highlights the necessity for proper jurisdictional boundaries within land revenue matters, and the importance of seeking appropriate legal remedies. In this case, the court reinstated the petitioners' possession, emphasizing the need for lawful authority in eviction matters. Keywords such as 'land revenue', 'jurisdiction', 'constitutional petition', and 'eviction orders' are critical in understanding the implications of this case in the realm of property law and administrative authority. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Revenue Authorities,
Mian Mehmoodur Rashid,
Mst. Nasreen Gul,
Mst. Fozia Saleemi,
Muhammad Rafique Shad
|
| Judges |
SYED, JAMSHED ALI, J
|
| Lawyers |
Ijaz Ahmed Khan for Petitioners,
Amir Rehman, Addl. A.-G. for Respondent,
Mian Javed Iqbal Arain for Respondent No.3
|
| Petitioners |
,
Mian MUHAMMAD ASLAM
|
| Respondents |
5 others,
SHER AFGAN, ADDITIONAL DEPUTY COMMISSIONER GENERAL COLLECTOR (CITY), LAHORE
|
| Citations |
2004 SLD 1922,
2004 CLC 1320
|
| Other Citations |
Allah Bakhsh and another v. Muhammad Ismail and others 1987 SCMR 810
|
| Laws Involved |
West Pakistan Land Revenue Rules, 1968,
Constitution of Pakistan (1973),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
67-A,
67-B,
199,
53
|