MUHAMMAD HANIF vs Syed ZAKIR HUSSAIN SHAH Ss — 2022 MLD 143 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 143 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD HANIF vs Syed ZAKIR HUSSAIN SHAH Ss
Subject matter: Civil
Provisions referred to: Balochistan Land Revenue Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HANIF VS Syed ZAKIR HUSSAIN SHAH Ss.42, 45 & 53---Constitutional petition---Mutation---Petitioners contended that petitioners were recorded owners of the properties; they also owned possession of shamilat land; that father of respondents taking benefit of the predecessor-in-interest of the petitioners got the properties recorded in his name as lathband buzgars at the time of settlement regarding unsettled lands---Senior Member Board of Revenue accepted Revision petition of respondents (impugned order) and directed the Deputy Commissioner/Collector for disposal---Validity---Order sheet revealed that neither any summons was served upon petitioner, nor ex-parte proceeding had been initiated, and petitioner was not heard---Senior Member Board of Revenue had no jurisdiction to directly entertain any revision after lapse of longstanding entries i.e. 34 years---No order was passed by subordinate Commissioner/Deputy Commissioner---Respondents jumped over more than two lower forums---Respondents themselves disputed the title of the properties and Revenue Court lacked jurisdiction in matter whereby title was to be determined---Respondents concealed the civil suit and appeal before High Court from the Senior Member, hence, did not go before Revenue hierarchy with clean hands---Impugned order was in derogation of Ss.45 & 53 of the Balochistan Land Revenue Act, 1967---High Court set aside the impugned order and quashed the proceeding before Deputy Commissioner---Constitutional petition was accepted accordingly. Head NotesCase Description

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