Sher muhammad vs Province of Sindh through Member Ss — 2024 YLR 2537 KARACHI-HIGH-COURT-SINDH

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Sher muhammad VS Province of Sindh through Member Ss. 10 & 24---Sindh Land Revenue Act (XVII of 1967), S.52---Constitution of Pakistan, 199---Supervisory/ remedial jurisdiction of High Court---Scope---Cancellation of grant of land---Legality---Failure of Member, Land Utilization Department to consider the evidence available on the record---Effect---Legal weightage and extent of the entries made in the Record of Rights---Scope---Member, Land Utilization Department (Respondent No.1) was only tasked with revisiting case of respondent No.8's legal heirs and making a decision in line with the law,but not the case of petitioner, however, respondent No.1, through his order, determined that neither petitioner nor respondent No.8 could prove their case, leading to the denial of their request for the restoration or re-grant of land---Petitioner had not requested re-grant of land in question as it had already been granted to him, therefore, order did not provide any reasoning for cancelling petitioner's grant---Comprehensive documentary evidence and official correspondence were not considered by respondent No.1 in his order---Entries in record of rights, once entered, carried a strong legal weight and any party disputing the entry must provide sufficient evidence to the contrary or follow the lawful procedure to substitute a new entry, which ensures stability and reliability of land records, providing a degree of certainty and security to landholders---High Court under Art.199 of the Constitution has the authority to supervise and correct any actions taken by a tribunal, court, or authority that exceed their jurisdiction, powers or scope of law or if they commit an error apparent on the face of the record and this constitutional jurisdiction allows High Court to examine the legality of an order passed by a special court or tribunal constituted under a special enactment, and if order is found to be illegal, High Court has power to rectify, rescind, or alter it, as any order passed in violation of law can be questioned and quashed under the constitutional jurisdiction of the High Court, which ensures that any harm or mischief arising from an illegal order can be effectively remedied, thereby upholding the rule of law and ensuring justice---Constitutional petition was allowed accordingly.

Sher muhammad vs Province of Sindh through Member Ss — 2024 YLR 2537 KARACHI-HIGH-COURT-SINDH

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