ALLAH BANDA vs ALLAH BANDA AND 5 Other
The petitioner sought to pre-empt a sale of land on the ground that it was comprised in his tenancy, claiming the first right of pre-emption under the Land Reforms Regulation, 1972, as from Kharif 1972. The Collector decreed the suit, but the Additional Commissioner (Revenue) set it aside, and the Board of Revenue upheld the reversal in revision. The Lahore High Court dismissed the subsequent writ petition, holding that the question of when the Kharif crop begins is a factual matter best determined by revenue authorities. The core legal question was whether the High Court could interfere in writ jurisdiction with a concurrent finding of fact regarding the commencement of the Kharif crop season. The Supreme Court of Pakistan dismissed the petition, holding that whether Kharif begins in February-March or in May is essentially a question of fact not open to challenge in writ jurisdiction, and the revenue authorities' view on the subject is to be accepted. The key principle laid down is that factual determinations by revenue authorities regarding agricultural crop seasons cannot be re-examined under constitutional writ jurisdiction.
- Whether the commencement of the Kharif crop season is a question of fact not open to challenge in writ jurisdiction?
- Can the High Court interfere with factual findings of revenue authorities regarding agricultural seasons under constitutional jurisdiction?
- Land Reforms Regulation, 1972
ORDER
1. FAKHRUDDIN G. EBRAHIM, J.-The facts giving rise to this petition are that the petitioner sought to pre-empt the sale of land on the ground thatland in question was comprised in his tenancy. The Collector decreed the suit, which was set aside in appeal by the Additional Commissioner (Revenue) which order was upheld by the Board of Revenue in revision. Being aggrieved, the petitioner filed a writ petition in the Lahore High Court in which it was urged that the first right of pre-emption was conferred upon the tenant as from Kharif 1972 by the Land Reforms Regulation, 1972, which was promulgated on 11th March, 1972, while the sale in question was effected on 20th March, 1972 which was after Kharif 1972. The High Court refused to interfere on the ground that Kharif normally means Autumn in Punjab and. The Kharif crop is sown in the month of May and harvested in the months of September and October. The High Court did not agree with the learned counsel's contention that in Multan where the land was situate sowing of Kharif crop begins as early as March, and sometimes even is February. The High Court was of the view that the Revenue Authority were supposed to know better and since the finding as to when Kharf begins was against the petitioner, there was no room for interference by the High Court.
2. We pointed out to the learned counsel that whether or not Kharif begins in February-March or in May is essentially a question of fact which was not open to challenge in the writ jurisdiction. The view that prevailed with! The High Court is unexceptionable. It was not open to the High Court to determine when the Kharif crop begins, and as was observed by the High Court, the Revenue Authorities knew better and it would be reasonable to) accept their point of view on the subject.
3. The petition is without merit and is accordingly dismissed.