Prejudice order of the Court

   Prejudice orders of Revenue Board              2007 S C M R 1256

Present: Sardar Muhammad Raza Khan, Ch. Ijaz Ahmed and Hamid Ali Mirza, JJ

 

Mst. RAZIA JAFAR and others----Appellants

Versus

GOVERNMENT OF BALOCHISTAN and others----Respondents

(On appeal from the judgments, dated 30-4-1998, 27-1-2003 and 21-4-2000 passed by High Court of Balochistan, Quetta in C.Ps. Nos.509 of 1997, 177 of 2000, 1999 of 2000, 234 of 2000 and 155 of 1998).

 

(a) West Pakistan Board of Revenue Act (XI of 1957)---

----S. 8---Review petition---Objection regarding maintainability of review petition---Duty and obligation of Board of Revenue would be to decide such objection petition after judicial application of mind---Principles.

Gouranga Mohan Sikdar's case PLD 1970 SC 158 and Mollah Ejahar Ali's case PLD 1970 SC 173 rel.

(b) West Pakistan Board of Revenue Act (XI of 1957)---

----Ss. 2(i)(iii), 4(2), 6(1)(2)(3), 7 & 8---Review petition---Cognizance of review petition taken by Full Board consisting of three Members of Board of Revenue and passed various orders after application of mind---Decision of review petition by Senior Member while sitting singly---Validity---Board of Revenue was bound to decide controversy in accordance with law without fear, favour and nepotism---Review petition decided by impugned order was judicial exercise of jurisdiction---If cognizance of review petition was initially taken by one Member, but was finally decided by Full Board, then nobody could be said to have been prejudiced by increase in the number of Members---Application of mind by three persons could not be equated with application of mind by one person---Controversy had been decided between parties by applying mind by one Member instead of three Members---Decision of review petition by single Member was illegal---Supreme Court remanded case to Full Board for its decision in accordance with law. 

Muhammad Yar's case PLD 1991 Lah. 256; Utility Stores Corporation's case PLD 1987 SC 447; Zahid Akhtar v. Government of Punjab PLD 1995 SC 530 and Ch. Zahur Ilahi v. Mr. Zulfiqar Ali Bhutto PLD 1975 SC 383 rel.

(c) Words and phrases---

----"Prejudice"---Definition. 

Words and Phrases Permanent Edition Volume 33 page 461 ref.

(d) Administration of justice---

----Public functionaries---Duty and obligation of---To decide controversy between parties after application of mind. 

(e) Administration of justice---

----Nobody shall be prejudiced by the act of court or act of public functionaries. 

Ahmad Latif Qureshi v. Controller of Examination PLD 1994 Lah. 3; Arshad Hussain's case 1991 CLC Note 20 at p.13; Mian Irshad Ali's case PLD 1975 Lah. 7 and Fateh Khan's case PLD 1991 SC 782 rel.

Tariq Mehmood, Advocate Supreme Court for Appellant (in C.As. Nos.1847 of 1999 and 18 of 2001).

Tariq Mehmood, Advocate Supreme Court for Petitioner (in C.P. No.56-Q of 2003).

Ehsanul Haq Ch., Advocate Supreme Court for Petitioner (in C.P. No.49-Q of 2003).

Muhammad Munir Peracha, Advocate Supreme Court for Petitioner (in C.Ps. Nos.50-Q and 51-Q of 2003).

Mehmood Raza, Additional Advocate-General and Raja Abdul Ghafoor, Advocate-on-Record for official Respondents (in all cases).

Date of hearing: 5th April, 2007.