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SENIOR MEMBER BOARD OF REVENUE, PUNJAB, LAHORE vs ABDUL SHAKOOR (DECEASED) — 2026 SCMR 605 SUPREME-COURT

Case information

Citation
2026 SCMR 605 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
SENIOR MEMBER BOARD OF REVENUE, PUNJAB, LAHORE vs ABDUL SHAKOOR (DECEASED)
Provisions referred to
S. 30---P; S. 8---R; Revenue Act (XI of 1957); 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

SENIOR MEMBER BOARD OF REVENUE, PUNJAB, LAHORE VS ABDUL SHAKOOR (DECEASED). S. 30---Punjab Board of Revenue Act (XI of 1957), S.8---Review---Maxim audi alteram partem---Judicial and executive authorities---Proprietary rights. Board of Revenue was aggrieved of review of order passed in judicial side during executive proceedings, whereby grant of proprietary rights were recalled. Validity---Board of Revenue, exercising its powers on judicial side, granted proprietary rights in land to respondents. Board of Revenue had no powers on administrative side to set at naught the judicial orders, even more so when they had attained finality. Senior Member, Board of Revenue, had no jurisdiction to pass order in question which had been challenged in Constitutional jurisdiction before High Court, for the same purports to have been passed in exercise of suo motu review jurisdiction of the Board of Revenue. By virtue of the provisions of Section 8 of Board of Revenue Act, 1957 no such power vested in the Board. If suo motu review was to be exercised by the Board for rectifying decision of a Member suffering from incorrect interpretation and application of law or non-appreciation of facts, it would lead to an unending cycle of litigation. Such order was also illegal as it had been passed in disregard of principle of natural justice that no one should be condemned unheard, as embodied in the maxim, audi alteram partem. General letter of Senior Member had set aside a judicial order of Member (Judicial) through an administrative order. Supreme Court declined to interfere in order passed by High Court who appreciated law and had rightly adjudicated upon the matter and passed order in question within the four corners of law. Petition for leave to appeal was dismissed and leave to appeal was refused.

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