| Case ID |
51309915-7d3c-4dd4-a002-ea8528907bfb |
| Body |
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| Case Number |
Writ Petition No. 2529 of 1975 |
| Decision Date |
May 04, 1976 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Extra Assistant Settlement Officer (E.A.S.O.) does not have the authority to transfer a case without the consent of the Commissioner. The court emphasized that the Collector is under the Commissioner’s control in judicial matters. Thus, the E.A.S.O. was incorrect in forwarding the appeal to the Collector for resolution without proper authority. The court directed that the E.A.S.O. should handle the case initially and if unable, refer it to the Commissioner for appropriate action. The writ petition was accepted, with parties bearing their own costs. |
| Summary |
In this significant case, the Lahore High Court addressed the procedural authority of revenue officers under the West Pakistan Land Revenue Act, particularly focusing on the roles of the Extra Assistant Settlement Officer and the Collector. The decision highlighted the importance of following legal protocols when transferring cases and established that any transfer must be sanctioned by the Commissioner. This ruling has implications for future cases regarding administrative control and the exercise of judicial powers within the revenue framework. Keywords: land revenue, administrative law, judicial authority, Lahore High Court, case transfer, Extra Assistant Settlement Officer, Commissioner, legal procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH, J
|
| Lawyers |
Mian Nusratullah,
Sharaf Ahmad Cheema
|
| Petitioners |
MEHRAJ DIN
|
| Respondents |
Mst. SARWAR JAHAN ETC.
|
| Citations |
1981 SLD 1543,
1981 PLD 659
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Land Revenue Act
|
| Sections |
14(2),
14(3),
13(4)
|