MALIK KHAN vs MEMBER (JUDICIAL-VIII), BOARD OF REVENUE, PUNJAB Ss — 2023 MLD 448 LAHORE-HIGH-COURT-LAHORE

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MALIK KHAN VS MEMBER (JUDICIAL-VIII), BOARD OF REVENUE, PUNJAB Ss. 9 & 10---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Consolidation of holdings---Substitution of findings---Petitioners were aggrieved of order passed by Consolidation Officer which was maintained by Board of Revenue---Validity---Board of Revenue decided matter after embarking upon every aspect of case and had rightly maintained order of Consolidation Officer---Order in question was neither arbitrary nor without jurisdiction nor passed in excess of jurisdiction by Board of Revenue---Petitioners failed to point out any jurisdictional defect/error in order in question---In exercise of its Constitutional Jurisdiction, High Court had only to see as to whether a Tribunal or Court acted without jurisdiction or violated statute or law laid down by the superior Courts---High Court was not called upon to re-appraise the evidence---Constitutional petitions were not to be decided in the manner of appeals---High Court had no jurisdiction to substitute its own findings in place of findings of Tribunals below---Constitutional Jurisdiction was not attracted unless glaring injustice or error of law was pointed out---Constitutional petition against consolidation matter was not maintainable---Mere allocation and adjustments made in the scheme and upheld by the statutory functionaries would not entitle the petitioner to seek a judicial review---Factual controversy could not be resolved by High Court in exercise of its extraordinary Constitutional jurisdiction until and unless there was a deficiency in entitlement of right holder, adjustment or allocation of land in consolidation scheme---Constitutional provisions were not designed to empower High Court to interfere with decision of a Court or Tribunal of inferior jurisdiction merely because in its opinion decision was wrong---High Court declined to interfere in order passed by Board of Revenue---Constitutional petition was dismissed in circumstances.

MALIK KHAN vs MEMBER (JUDICIAL-VIII), BOARD OF REVENUE, PUNJAB Ss — 2023 MLD 448 LAHORE-HIGH-COURT-LAHORE

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