ASHIQUE ALI MARI vs EXECUTIVE DISTRICT OFFICER (REVENUE), KHAIRPUR Ss — 2022 YLR 644 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 644 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: ASHIQUE ALI MARI vs EXECUTIVE DISTRICT OFFICER (REVENUE), KHAIRPUR Ss
Subject matter: Civil
Provisions referred to: S. 164; 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

ASHIQUE ALI MARI VS EXECUTIVE DISTRICT OFFICER (REVENUE), KHAIRPUR Ss. 42 & 164---Constitution of Pakistan, Art. 199--- Constitutional petition---Audi alteram partem, principle of---Change in revenue record---Petitioner was aggrieved of cancellation of entries in his name made by revenue authorities in exercise of revisional jurisdiction under S.164 of Sindh Land Revenue Act, 1967, without issuing any notice to petitioner---Validity---Judgment and decree of Civil Court in favour of petitioner was on record and such fact was in active knowledge of the Authority, yet petitioner was not afforded opportunity of hearing---Record was made available with the authority but he ignored the same and passed the order unilaterally, which was violation of principle of 'audi alteram partem'---Revenue authority while ignoring judgment and decree passed by Civil Court had traveled beyond its jurisdiction, as he could not have passed any order to decide controversy which had already been decided by Civil Court and marinated by Appellate Court---High Court set aside order passed by revenue authority---Constitutional petition was allowed, in circumstances.

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