| Case ID |
ed520165-de1d-4449-8add-f4fd52de8f19 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 679 of 1983 |
| Decision Date |
May 23, 1988 |
| Hearing Date |
May 23, 1988 |
| Decision |
The Supreme Court ruled that the Revenue Authority was not legally barred from initiating proceedings for the correction of the Khasra Girdawari during the pendency of a pre-emption suit brought by a tenant. The court emphasized that the matter was one of propriety and that no writ could be issued if the issue was solely about propriety. The petition was found to be without merit and was dismissed. |
| Summary |
In the case of Civil Petition No. 679 of 1983, the Supreme Court of Pakistan addressed the legal implications of the Revenue Authority's actions regarding the correction of Khasra Girdawari during an ongoing pre-emption suit. The court's decision highlighted the importance of procedural propriety in administrative actions, asserting that the Revenue Authority retained the discretion to intervene in such matters. This ruling sheds light on the balance between administrative authority and judicial oversight, reinforcing the principle that not every procedural issue warrants judicial intervention. The court dismissed the petition, affirming that the actions of the Revenue Authority did not contravene any explicit legal prohibitions, thus allowing for continued administrative processes even amidst pending litigation. This case is significant in the context of land administration and the rights of tenants under the Constitution of Pakistan, particularly under Article 199. Legal practitioners and scholars studying property law in Pakistan will find this ruling essential for understanding the boundaries of administrative discretion and judicial review in land-related disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
|
| Petitioners |
AHMAD ALI and others
|
| Respondents |
HAJI and others
|
| Citations |
1988 SLD 2863,
1988 SCMR 1945
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|