Case ID |
3ce1c5e5-6fea-4b73-b9a4-dc7930f09b32 |
Body |
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Case Number |
W.P. No. 3859 of 2003 |
Decision Date |
Apr 16, 2004 |
Hearing Date |
Apr 16, 2004 |
Decision |
The Lahore High Court dismissed the writ petition filed by Ahmad Yar against the decision of the Member Board of Revenue regarding the allotment of land. The court found that the petitioner's application for purchasing land was not maintainable since the revision and constitutional petitions had previously been dismissed. The court highlighted that the basic right of the petitioner over the land was no longer valid due to the orders of the Member Board of Revenue and the earlier judgment of the High Court. The principle of constructive res judicata was applied, confirming that the earlier decisions were final until overturned by the Supreme Court. |
Summary |
In the case of Ahmad Yar vs. Member (Judicial -IV) Board of Revenue, Punjab, Lahore, the Lahore High Court addressed issues concerning land allotment and the maintainability of constitutional petitions. The background involved a series of decisions by the Collector and the Member Board of Revenue regarding land allotments made to the petitioner, Ahmad Yar. The original allotment was made in 1956 but was cancelled in 1971 due to government instructions. The petitioner was then allotted alternative land but faced subsequent cancellations following complaints. The court ruled that the petitioner's rights over the land had lapsed due to previous dismissals of his petitions. This case emphasizes the importance of finality in legal decisions and the limitations of reopening cases that have been settled. Key legal principles such as constructive res judicata were crucial in determining the outcome of this case. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
Ch. Ijaz Ahmad
|
Lawyers |
Awan Muhammad HanifKhan,
Mr. M. Hanif Khattana
|
Petitioners |
AHMAD YAR
|
Respondents |
MEMBER (JUDICIAL -IV) BOARD OF REVENUE, PUNJAB, LAHORE
|
Citations |
2004 SLD 3514,
2004 PLJ 1267
|
Other Citations |
PLD 1983 S.C. 46,
PLD 1982 S.C. 146,
PLD 1987 S.C. 145
|
Laws Involved |
Constitution of Pakistan, 1973
|
Sections |
199
|