PROVINCE OF PUNJAB through Secretary, Government of Punjab, Revenue Department, Lahore vs FEDERAL LAND COMMISSION through Chairman, Islamabad Ss — 2023 MLD 1023 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 1023 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: PROVINCE OF PUNJAB through Secretary, Government of Punjab, Revenue Department, Lahore vs FEDERAL LAND COMMISSION through Chairman, Islamabad Ss
Subject matter: Civil
Provisions referred to: S. 7---C; Revenue Act (XI of 1957)

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

PROVINCE OF PUNJAB through Secretary, Government of Punjab, Revenue Department, Lahore VS FEDERAL LAND COMMISSION through Chairman, Islamabad Ss. 11 & 12(2)---Punjab Board of Revenue Act (XI of 1957), S. 7---Constitution of Pakistan, Art. 199---Constitutional petition---Fraud and misrepresentation---Judgment, setting aside of---Second revision---Res-judicata--- Applicability--- Applicants / petitioners assailed their dispossession from land in question by Federal Land Commission but their petition was dismissed as withdrawn---Applicants/petitioners sought restoration of their petition on the plea of fraud---Validity---Earlier revision petition regarding resumption of land of declarant was dismissed on merit by Federal Land Commission and that dismissal order was maintained by Supreme Court---Without disclosing earlier facts, Second revision petition filed by respondent containing same set of facts, same property, same cause of action and between same parties was not maintainable under the principle of res-judicata---Order dismissing petition as withdrawn was set aside and the case was restored to its original number---High Court quashed the orders of ejectment of petitioners from land in question as the same were passed in presence of status quo order---High Court directed revenue authorities to immediately restore possession of land in question to applicants/petitioners---Order passed by Federal Land Commission was passed in violation of Art. 189 of the Constitution, as the matter had already been finalized upto Supreme Court and the matter was hit by principle of res judicata, therefore, the order was passed without jurisdiction---Constitutional petition was allowed accordingly.

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