BOARD of REVENUE
2026 SCMR 605
[Supreme Court of Pakistan]
Present: Shahid Bilal Hassan and Aamer Farooq, JJ
SENIOR MEMBER BOARD OF REVENUE, PUNJAB, LAHORE and others ---Petitioners
Versus
ABDUL SHAKOOR (Deceased) through I.Rs. ---Respondent
C.P.L.A. No. 1718-L of 2015, decided on 24th April, 2025.
(Against the order dated 12.05.2015 passed by Lahore High Court, Lahore in W.P.No.4218 of 2008).
Colonization of Government Lands (Punjab) Act (V of 1912)---
-S. 30---Punjab Board of Revenue Act (XI of 1957), S.8---Review-Maxim audi alteram partem-Judicial and executive authorities---Proprietary rights---Board of Revenue was aggrieved of review of order passed in judicial side during executive proceedings, whereby grant of proprietary rights were recalled---Validity---Board of Revenue, exercising its powers on judicial side, granted proprietary rights in land to respondents---Board of Revenue had no powers on administrative side to set at naught the judicial orders, even more so when they had attained finality---Senior Member, Board of Revenue, had no jurisdiction to pass order in question which had been challenged in Constitutional jurisdiction before High Court, for the same purports to have been passed in exercise of suo motu review jurisdiction of the urisdiction of the Board Rev Revenue---By virtue of the provisions of Section 8 of Board of Re d of Revenue Act,1957 no such power vested in the Board---If suo motu review was to be exercised by the Board for rectifying decision of a Member suffering from incorrect interpretation and application of law or non-appreciation of facts, it would lead to an unending cycle of litigation---Such order was also illegal as it had been passed in disregard of principle of natural justice that no one should be condemned unheard, as embodied in the maxim, audi alteram partem---General letter of Senior Member had set aside judicial order of Member (Judicial) through an administrative order-Supreme Court declined to interfere in order passed by High Court who appreciated law and had rightly adjudicated upon the matter and passed order in question within the four corners of law---Petition for leave to appeal was dismissed and leave to appeal was refused.
Basher Ahmed (Deceased) through LRs. v. Member (Consolidation) Board of Revenue, Lahore and others 2022 SCMR 620; Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore PLD 1971 SC 61; Member (Colonies) Board of Revenue, Punjab, Lahore and others v. Muhammad Shafi and others 2008 SCMR 589; Riaz Hussain and others v. Board of Revenue and others 1991 SCMR 2307; Commissioner of Income Tax East Pakistan v. Fazlur Rahman PLD 1964 SC 410; Chuttan and another v. Sufaid Khan and another 1987 SCMR 503; The University of Dacca v. Zakir Ahmad PLD 1965 SC 90 and Syed Abul Ala Maudoodi v. The Government of West Pakistan PLD 1964 SC 673 rel.
Ahmad Awais Qazi, Additional Advocate General Punjab for Petitioners. M.A. Ghaffar Ul Haq, Advocate Supreme Court for Respondent.
