part 4

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Citation Name: 2025 CLC 253 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DAD MUHAMMAD VS NATIONAL DATABASE and REGISTRATION AUTHORITY through Director General NADRA Provincial Headquarter Zarghoon Road, Quetta Ss. 42 & 54---National Database Registration Authority Ordinance (VIII of 2000), S. 47---Notification No.8/37/20)6-NADRA, dated 19-04-2017---Suit for declaration and injunction---Nationality---Determination---Non-issuance of Computerized National Identity Cards (CNIC)---Petitioners/plaintiffs claimed to be Pakistani nationals and were aggrieved of non-issuance of CNICs---Validity---Petitioners/plaintiffs had been recorded as owners of immovable properties situated in district Quetta since their forefathers i.e. of year 1965-1966---Petitioners/plaintiffs produced documents prior to year 1979, thus they bonafidely proved to be citizens of Pakistan---Petitioners/plaintiffs were entitled to issuance of CNICs in their favour on the basis of Notification No.8/37/20)6-NADRA, dated 19-04-2017---Fundamental rights guaranteed under the Constitution would be rendered meaningless if a person was stripped of citizenship---This had a devastating impact on human lives---Person once registered as a citizen could not be deprived of citizenship otherwise than as was provided under law---High Court set aside judgment and decree passed by Lower Appellate Court and upheld that of Trial Court---Revision was allowed accordingly. Citation Name: 2025 CLC 236 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD ALI VS SECRETARY BOARD OF REVENUE, GOVT. OF BALOCHISTAN, BALOCHISTAN SECRETARIAT QUETTA Ss. 39, 42 & 54---Balochistan Land Revenue Act (XVII of 1967), S. 53---Constitution of Pakistan, Art. 10A---Suit for cancellation of order, declaration and injunction---Fair trial and due process---Correction of entry in Record of Rights---Concurrent findings of facts by two Courts below---Petitioner/plaintiff claimed to be owner in possession of suit land whereon he had constructed a building---Grievance of petitioner/plaintiff was that without his knowledge the authorities transferred suit land in the name of Provincial Government---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court---Validity---Lower Appellate Court misunderstood the provision of S.53 of Balochistan Land Revenue Act, 1967, which had itself provided relief to an aggrieved person, who sought declaration of title to suit land as its exclusive owner with consequential relief---Such provision did not debar aggrieved party from approaching Civil Court for claiming his ownership over suit land by way of inheritance---Entry in revenue record was not in itself proof of title in favour of the party in whose favour such entry existed---Entitlement/ownership was to be proved by such party independently and for such purpose appropriate forum available was Civil Court, which was Court of ultimate jurisdiction--- In view of provision of Art. 10A of the Constitution, a person is entitled for fair trial and due process---High Court set aside jurisdiction passed by Lower Appellate Court and matter was remanded for decision afresh on appeal filed by petitioner/plaintiff---Revision was allowed accordingly.

Case information

Judgment text as reported