Pakistan Case Law
1988 SCMR 134

WATER AND POWER DEVELOPMENT AUTHORITY Versus ANWAR ALI

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Citation1988 SCMR 134
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No. 388 of 1986
Date1987-11-21
Judge(s)Nasim Hasan Shah, S. A. Nusrat and Ali Hussain Qazilbash
Authored byNasim Hasan Shah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arose from a writ petition filed before the High Court challenging the correctness of certain entries in the Khasra Girdawari. The Revenue authorities up to the Board of Revenue had rejected the petitioner's challenge regarding the accuracy of these entries, and the High Court subsequently refused to interfere with the orders of the Revenue authorities in the exercise of its writ jurisdiction. The core legal question before the Supreme Court was whether the orders of the Revenue authorities and the High Court concerning the validity of the Khasra Girdawari entries called for interference. The Supreme Court held that the case was not a fit matter for its intervention. Consequently, the Court dismissed the petition for leave to appeal. Although inclined to award costs, the Supreme Court refrained from imposing costs on the petitioner solely because the contesting respondent had passed away during the proceedings.

Questions settled in this judgment
  • Whether the Supreme Court will interfere in constitutional jurisdiction with revenue authority findings regarding entries in Khasra Girdawari?
  • Can a petition for leave to appeal be dismissed without costs due to the death of the contesting respondent?
Khasra Girdawarirevenue entrieswrit jurisdictionleave to appealcostsBoard of Revenue

ORDER

1. NASIM HASAN SHAH, J. --The question involved in this matter is whether certain entries in the Khasra Girdawari were correctly entered. The Revenue authorities right upto the Board of Revenue, dismissed the challenge, thrown to the accuracy of these entries, by the petitioner. The High Court refused to interfere in the orders of the Revenue authorities, in exercise of its Writ Jurisdiction. Hence this petition for leave.

2. This is not at all a fit matter for this Court to intervene. We would have dismissed this petition with costs, but as respondent No. l, the contesting respondent, has since died, we refrain from doing so.

3. Dismissed.

4. S.Q./M-252/S Petition dismissed.

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