ALAM and others: vs MEMBER (CONSOLIDATION), BOARD OF REVENUE,
This petition for leave to appeal challenges an order of the Lahore High Court, which dismissed a writ petition regarding a consolidation matter. The core dispute arose from an order passed by the Member, Board of Revenue, which adjusted the Khatas of the parties based on their alleged mutual consent. The petitioners contested this, claiming they had not consented, and submitted affidavits to the High Court to support their position. The High Court dismissed the writ petition, reasoning that the petitioners' affidavits could not be accorded greater evidentiary weight than the judicial order passed by the Member, Board of Revenue, which recorded the consent. Upon review, the Supreme Court found no error in the High Court's conclusion. The Supreme Court held that a judicial order recording consent in a consolidation proceeding carries significant weight and cannot be easily overturned by subsequent affidavits asserting a lack of consent. Consequently, the petition was dismissed for lacking substance.
- Can affidavits submitted by parties be given greater weight than a judicial order recording consent in a consolidation matter?
- Is a judicial order passed by the Member, Board of Revenue regarding adjustments in Khatas subject to interference when based on recorded mutual consent?
ORDER
1. ' JAVID IQBAL, J.-- This petition is directed against the order of the Lahore High Court, Lahore, dated 15th June, 1982 whereby the writ petition of the petitioners was dismissed. The position in this case is that in a consolidation matter the Member, Board of Revenue made certain adjustments in the Khatas of the parties with mutual agreement of both the sides. However, when the order of the Member, Board of Revenue was challenged before the Lahore High Court, Lahore, it was pleaded that the petitioners had not given their consent and in support of this plea the petitioners submitted their affidavits. The learned Judge dismissed the writ petition of the petitioners for the reason that the affidavits submitted by the petitioners when placed alongwith the order passed by the Member, Board of Revenue could not be given greater weight than the judicial order passed by the Board of Revenue.
2. After hearing learned counsel we do not find any fault with the conclusion arrived at by the High Court. In that view of the matter there is no substance in this petition which is accordingly dismissed.