Illegal Cancellation of Intiqal Set Aside by Sindh High Court.
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| Cancelled mutation 2026 clc 40 |
انتقال کی منسوخی ازخود اختیار کے تحت کالعدم
پس منظرِ مقدمہ
قانونی اعتراضات
عدالت کا قانونی تجزیہ
دائرہ اختیار سے تجاوز
حتمی فیصلہ اور اصول
Must read judgment.
2026 CLC 40
[Sindh (Mirpurkhas Bench)]
Before Zulfiqar Ali Sangi and Arbab All Hakro, JJ
Mir MAZHAR TALPUR-Petitioner
Versus
PROVINCE OF SINDH through Chief Secretary and 5 others ---Respondents
Constitution Petition No. D-1724 of 2024, decided on 29th January, 2025.
(a) Sindh Land Revenue Act (XVII of 1967)---
- 44, 45 & 164(3)-Alteration/modification/cancellation of entries in revenue record-Scope-Suo motu jurisdiction to initiate such proceedings-Scope-Absence ce of of proper proper inquiry inquiry and procedural safeguards-Effect-Challenge thrown to to orders passed by the Member (Judicial-II), Board of Revenue, Sindh, being violative of Ss. 44, 45 & 164(3) of the Sindh Land Revenue Act, 1967 (Act) Validity--Orders transgressed the jurisdictional bounds of the Member Judicial-II due to the absence of a proper inquiry as enjoined by S. 44 of the Act; also due to inadequate evidence to support the annulment as necessitated by 5. 45 of the Act and failure to comply with the procedural safeguards enshrined in 5. 164 of the Act-While assuming such jurisdiction, the Member (Judicial-II), BOR, Sindh, passed the orders without adhering to the procedural safeguards mandated by the Act, thereby acting ultra vires and failing to conduct a proper inquiry, rendering the orders void ab initio-Member (Judicial-II), BOR, Sindh, not only assumed jurisdiction illegally but also acted with material irregularity in promulgating the orders, which exceeded his scope and authority-Any deviation from the established procedural and statutory provisions constitutes a violation of law and procedure, consequently rendering the order illegal and mala fide---Impugned orders were held to be passed without lawful authority and of no legal effect-Constitutional petition was allowed, in circumstances.
(b) Mala fides-
-Any deviation from the established procedural and statutory provisions constitutes a violation of law and procedure, consequently rendering the order illegal and mala fide.
Zaman Khan and others v. Federation of Pakistan through Secretary Ministry of Defence and others 2017 5CMR 1249 rel.
(c) Constitution of Pakistan-
Art. 199--Sindh Land Revenue Act (XVII of 1967), Ss. 44, 45 & 164 (3)-Constitutional jurisdiction of High Court-Scope-Error of law apparent on the face of the record---Board of Revenue, statutory duty of-Board of Revenue, at the top of the revenue hierarchy, has a statutory duty to interpret the law, apply it to individual cases that come before it and establish legal precedents for its subordinates to follostitutional Jurisdictio understanding or application of could undermine the procedents, can and must be corrected within the errors in its the to these errors rule
Haji Noorwar Jan v. Senior Member, Board of Revenue, N.W.F.P. Peshawar and others PLD 1991 SC 531 rel.
Nazeer Hussain Jarwar, Assisted by: Maisum Hussain Sahar for Petitioner.
Ayaz Ali Rajpar, Additional Advocate General for Respondents.