ZAFAR AHMED ASHARAFI vs SENIOR MEMBERm BOARD OF REVENUE, SINDH S — 2022 YLR 2138 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2138 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ZAFAR AHMED ASHARAFI vs SENIOR MEMBERm BOARD OF REVENUE, SINDH S
Subject matter: Civil
Provisions referred to: S. 3---S; S. 172---C; S. 172; S. 9; Sindh Land Revenue Act (XVII of 1967); Sindh 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

ZAFAR AHMED ASHARAFI VS SENIOR MEMBERm BOARD OF REVENUE, SINDH S.3---Sindh Land Revenue Act (XVII of 1967), S.172---Constitution of Pakistan, Art. 199---Constitutional petition---Evacuee property---Remedy of appeal---Scope---Civil Court, jurisdiction of---Correction of entry in record of rights, periodical record or register of mutations---Subject matter of petition was evacuee property in respect of which order in question was passed by Board of Revenue---Validity---Board of Revenue was not competent to hear appeal under Settlement Laws as the law was repealed on 28-1-1975---After repeal only Civil Court was competent to hear and decide cases under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Respondent after repeal of Settlement Laws approached Civil Court through a civil suit which was allowed in revisional jurisdiction and Constitutional petition against such order was dismissed by High Court---Such order passed by High Court was maintained up to Supreme Court and proceedings had attained finality before Civil Court---Once a person had approached Civil Court, under S.172(2) of Sindh Land Revenue Act, 1967, the Revenue Courts were restrained---Even under S.9, C.P.C., Civil Court was Court of ultimate jurisdiction and Board of Revenue had no authority to pass any order under Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975---Revenue authority had rightly passed order under S.172(vi) of Sindh Land Revenue Act, 1967, correcting entry in record of rights, periodical record or register of mutations, as the same was under his ambit---High Court set aside order passed by Board of Revenue---Constitutional petition was allowed, in circumstances.

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