| Case ID |
f9da1303-81c7-43fc-8954-01425a79bb54 |
| Body |
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| Case Number |
Writ Petition No.64/R of 1996 |
| Decision Date |
May 03, 2006 |
| Hearing Date |
Apr 03, 2006 |
| Decision |
The Lahore High Court accepted the writ petition, declaring the order dated 28-12-1995 passed by the Additional Commissioner (Revenue) as without lawful authority and of no legal effect. The court emphasized that the remedy of appeal must be expressly conferred by law and cannot be assumed inferentially. It was determined that the Additional Commissioner acted beyond his jurisdiction, as the order from the Notified Officer was not appealable under any law. The judgment reinforced the principle that acts performed without lawful authority are deemed ultra vires and void. Consequently, the court mandated that the original order be restored, ensuring that due process and legal authority are upheld in administrative decisions. |
| Summary |
This case revolves around the administrative and legal complexities of land allotment and the authority of the Additional Commissioner in the context of the Evacuee Property and Displaced Persons Laws. The petitioners, Muhammad Ibrahim and others, challenged the jurisdiction exercised by the Additional Commissioner, who annulled a previous allotment made in favor of Mst. Zainab Bibi. The Lahore High Court scrutinized the appeal's validity, underscoring that the right to appeal must be expressly granted by statute, and found the Additional Commissioner's order to be without jurisdiction. The ruling underscores the importance of lawful authority in administrative decisions, particularly in matters of land and property, highlighting the constitutional provisions that govern such actions. The case sets a significant precedent regarding the limits of jurisdiction and the protection of property rights under Pakistani law, making it a key reference for similar future disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Khawaja Ahmed Tariq Rahim,
Mian Nisar Ahmad,
Saadat Nisar,
Malik Noor Muhammad Awan,
Khawaja Saeed-uz-Zafar,
M.D. Tahir,
Aamir Rehman,
Addl. A.-G., Punjab
|
| Petitioners |
2 others,
MUHAMMAD IBRAHIM
|
| Respondents |
8 others,
ABDUL HAQUE
|
| Citations |
2006 SLD 2205,
2006 CLC 1276
|
| Other Citations |
PLD 1973 SC 236,
1984 SCMR 1027,
1985 SCMR 491,
1988 SCMR 516,
PLD 1990 SC 504,
PLD 1991 SC 691,
PLD 1997 SC 351,
PLD 2001 SC 415,
2002 YLR 3268,
2003 SCMR 549,
PLD 2003 SC 899,
2003 SCMR 1221,
2006 SCMR 562,
2005 SCMR 69,
2005 SCMR 699
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act,
Constitution of Pakistan (1973)
|
| Sections |
2,
199,
175
|