| Case ID |
7393aefc-c359-462e-98dc-291570029ba4 |
| Body |
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| Case Number |
Writ Petition No.5282 of 2004 |
| Decision Date |
Apr 06, 2005 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner, Mazhar-ulhaq alias Mazhar Abbas, against the orders of the Member, Board of Revenue. The court found that the petitioner had not approached the court promptly after the impugned orders were issued and ruled that the constitutional jurisdiction was discretionary in nature. The court emphasized that it could not substitute its own findings for those of the tribunal below, referencing established case law on the matter. The decision underscored the importance of adhering to procedural timelines in constitutional petitions, particularly in light of the principles of laches. Furthermore, the court noted that the Member, Board of Revenue had acted within the bounds of authority, and the petitioner had failed to substantiate claims that the orders were passed without lawful authority. |
| Summary |
In the case of Writ Petition No.5282 of 2004 decided by the Lahore High Court, the petitioner, Mazhar-ulhaq alias Mazhar Abbas, challenged the orders of the Member, Board of Revenue regarding land ownership disputes. The case highlighted critical aspects of constitutional jurisdiction under Article 199 of the Constitution of Pakistan, particularly concerning the discretionary nature of the High Court's powers and the principle of laches. The court ruled that the petitioner had not approached the court within a reasonable time after the impugned orders, which significantly influenced the court's decision. The ruling reaffirmed the doctrine that findings of fact by lower tribunals should not be disturbed unless there is a clear violation of legal principles or procedural errors. The decision is pivotal for understanding the enforcement of constitutional rights in property disputes and sets a precedent for future cases involving similar jurisdictional questions. Keywords such as 'constitutional jurisdiction', 'property law', 'High Court decisions', and 'land disputes' are relevant for those researching similar legal issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Mirza Arshad Nazir,
Muhammad Hanif Khatana, Addl. A.-G.
|
| Petitioners |
MAZHAR-ULHAQ alias MAZHAR ABBAS
|
| Respondents |
GHULAM MUHAMMAD,
|
| Citations |
2005 SLD 1322,
2005 CLC 1169
|
| Other Citations |
Messrs Airport Support Service v. The Airport Manager, Karachi 1998 SCMR 2268,
Board of Intermediate and Secondary Education, Lahore through Chairman and another v. M. Massadaq Naseem Sindhoo PLD 1973 Lah. 600,
Syed Azmat Ali v. The Chief Settlement and Rehabilitation Commissioner, Lahore PLD 1964 SC 260,
Haji Saif Ullah's case PLD 1989 SC 166,
Kh. Muhammad Sharif's case PLD 1988 Lah. 725,
Khaili Khan v. Haji Nazir Ahmad and 4 others PLD 1997 SC 304,
Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199
|