Pakistan Case Law
1989 SCMR 1732

BARKAT ALI and others vs MEMBER BOARD OF REVENUE (CONSOLIDATION), LAHORE and others

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Citation1989 SCMR 1732
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 1016 of 1981
Date1988-07-19
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
Authored byJavid Iobal
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 consolidation proceedings involving a dispute over land allotment. The petitioners challenged a sanctioned Consolidation Scheme, which had been modified by the Collector following multiple remands, resulting in the reallocation of specific Khasra numbers. After exhausting their remedies before the Additional Commissioner and the Board of Revenue, the petitioners filed a writ petition in the Lahore High Court. The High Court dismissed the petition, holding that consolidation authorities possess the requisite competence to determine such matters and that the extraordinary writ jurisdiction could not be invoked to interfere with these administrative determinations. Upon review, the Supreme Court of Pakistan examined the impugned judgment and found no legal flaw or error in the reasoning provided by the High Court. The Supreme Court affirmed the decision, holding that the consolidation authorities acted within their jurisdiction and that the High Court correctly declined to interfere in the administrative exercise of their powers. Consequently, the petition for leave to appeal was dismissed, maintaining the finality of the consolidation proceedings as determined by the relevant authorities.

Questions settled in this judgment
  • Can the High Court interfere with the decisions of consolidation authorities under its writ jurisdiction?
  • Are consolidation authorities competent to determine the reallocation of land during consolidation proceedings?
consolidation proceedingsland allotmentwrit jurisdictionadministrative discretionconsolidation authoritiesKhasra numbers

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of Lahore High Court, Lahore dated 26 September, 1981. The matter pertains to consolidation proceedings. The Consolidation Scheme was sanctioned in this case on 28th February, 1973 but the petitioners challenged the same in appeal. The Collector remanded the case more than once and eventually he modified the said Scheme taking away certain Khasra numbers from the petitioners and instead giving them some land at some distance. The petitioners dissatisfied by this order challenged the same before the Additional Commissioner and then before the Board of Revenue without any success. Thereafter they moved Lahore High Court Lahore challenging the same by way of writ petition which was dismissed on the ground that the consolidation authorities arc competent to determine such questions and writ cannot be issued in that regard.

2. ' After hearing learned counsel, in our view, there is no flaw in the impugned order calling for interference. As a result this petition is dismissed.

Cited by 1 case

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