Haji MURAD ALI and 12 others vs MEMBER (CONSOLIDATION), BOARD OF REVENUE and 9 others
This matter concerns a petition for leave to appeal against the dismissal of an Intra-Court Appeal by the High Court in a consolidation dispute. The core legal question presented for the Supreme Court's consideration is whether an Intra-Court Appeal is maintainable against the dismissal of a writ petition in circumstances where the Board of Revenue has exercised its suo motu jurisdiction to pass an order against a party who possesses no further statutory remedy of appeal or revision. The petitioner argued that this issue is a matter of first impression with no existing precedent. Finding the question significant and requiring authoritative examination, the Supreme Court granted leave to appeal, subject to the issue of limitation regarding the initial dismissal of the petitioners' writ petition. The Court directed the parties to prepare the appeal on the existing record while allowing for the submission of additional necessary documents, and referred the stay application for consideration by a Judge in Chambers.
- Is an Intra-Court Appeal competent against the dismissal of a writ petition where the Board of Revenue has passed an order in suo motu jurisdiction against a party having no further remedy of appeal or revision?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a consolidation matter, against the dismissal by the High Court, of petitioners' Intra-Court Appeal as incompetent.
2. After hearing the learned counsel we consider it a fit case for grant of leave to appeal inter alia, to examine; whether, in a case when Board of Revenue in exercise of its suo motu jurisdiction passes an order against a party or person who has no further remedy of appeal or revision would an Intra- Court Appeal aginst the dismissal of that party's writ petition, be not competent. Learned counsel states that there is no decided case on this question and it is one of first impression. This and other related questions would require examination. Accordingly subject to the question of limitation vis- a-vis the dismissal of the petitioners' writ petition, we grant leave to appeal.
3. ' Security Rs,5,000.
4. ' The appeal shall he prepared on the present record with direction to the parties to file all additional documents which would he necessary for disposal of appeal.
5. ' Notice to the respondents' side in the stay application. It shall be fixed before any learned Judge in Chambers. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.