2837/2017 Const. P. Afzal Hussain (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
Order Date: 20-APR-26
For the reasons set out hereinabove, it is held that the Board of Revenue, Sindh, was vested with lawful and statutory jurisdiction under Section 8 of the Sindh Board of Revenue Act, 1957, to entertain and adjudicate upon the review of its earlier order. The mere citation of Section 163 of the Sindh Land Revenue Act, 1967, in the initial review application does not, in the peculiar facts and circumstances of the case, vitiate the proceedings or render them void ab initio, particularly when the power of review was otherwise available under Section 8 of the Act of 1957. The instant petition raises disputed questions of fact and title, for which an adequate and efficacious alternate remedy before the competent civil courts exists and is, in fact, already being pursued. Consequently, the matter does not warrant the exercise of constitutional jurisdiction under Article 199 of the Constitution. The Petitioner, therefore, is not entitled to the grant of a declaration, writ of prohibition, or any other discretionary relief in the present circumstances. Accordingly, this Constitution Petition is dismissed, along with all pending applications, if any. It is, however, clarified that: (a) Any observations made herein are confined strictly to the question of maintainability and the jurisdiction of the Board of Revenue in relation to the impugned review proceedings; (b) Nothing contained in this judgment shall be deemed to constitute a final determination regarding title, ownership, possession, the validity of sale deeds, or the rights of any third parties; (c) The parties shall remain at liberty to agitate all permissible pleas before the competent civil court or any other forum of competent jurisdiction, which shall adjudicate the matter independently, strictly in accordance with law and on its own merits, without being influenced by any tentative observations recorded herein. The petitioner shall be at liberty to call in question the legality of the impugned order before the competent civil court, if he so desires.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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