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Petitioner: MUHAMMAD NAWAZ VS Respondent: GHULAM MUSTAFA ANSARIHonorable Justice Mian Saqib NisarErum Sajjad Gull,Ejaz Anwar
P L D 2009 Lahore 467
P L D 2009 Lahore 467
Before Mian Saqib Nisar, J
MUHAMMAD NAWAZ---Petitioner
Versus
GHULAM MUSTAFA ANSARI and 7 others---Respondents
Writ Petition No.2509 of 2009, heard on 29th April, 2009.
(a) West Pakistan Land Revenue Act (XVII of 1967)---
----S. 163(2), proviso a(ii)---Review---Scope---Decree for partition of property by Tehsildar---Temporary injunction granted by Tehsildar---Validity---Power of review can only be exercised, if the necessary sanction in this behalf has been first obtained by the Reviewing Authority, which is a condition precedent and sine qua non for the review, thus to all intents and purposes, no final relief of review can he granted without the sanction---Where a forum has power to grant the final relief, it has inherent power to grant any interim relief, vice versa, where the forum itself does not have power to grant the final relief, it shall have no power even to grant interim relief---Tehsildar, thus, in the circumstances, without first seeking the sanction, could not pass the impugned order, which was declared by the High Court to be without lawful authority and jurisdiction and could not sustain in law.
(b) Administration of justice---
----Where a forum has power to grant the final relief, it has inherent power to grant any interim relief vice versa, where the forum yet itself does not have power to grant the final relief, it shall have no power even to gent interim relief.
Erum Sajjad Gull for Petitioner.
Ejaz Anwar for Respondents Nos. 2 to 6.
Khushhal Khan, Patwari for Respondent No.7.
Date of hearing: 29th April, 2009.
JUDGMENT
MIAN SAQIB NISAR, J.---For the division of the joint khata the petitioner has obtained a decree for partition from the Tehsildar respondent No.1; respondents Nos.2 to 6 seeking review of the above moved an application under section 163 of the Land Revenue Act, 1967, accompanied by an application for the grant of temporary injunction, upon which the Tehsildar has passed the following impugned order:--
Hence this petition.
2. It is stated that without first obtaining the sanction of the Revenue Officer, to whose control the Tehsildar was, who in this case shall be the District Officer Revenue (DOR), no review order could be passed, thus when the passing of the final order due to above legal condition was impermissible, respondent No. l had no jurisdiction to pass the noted order; besides, the review application was miserably barred by time and no sufficient cause has been shown by the said respondent for the condonation of the delay.
2(sic) Confronted with the above, learned counsel for respondent Nos.2 to 6 states that a compromise has been effected between the parties with the courtesy of a local M.P.A, therefore, the petition be dismissed, however, no such settlement has been placed on the record. On merits it is submitted that an application for condition of delay was moved, which is pending; without seeking the sanction of the higher officer, the Tehsildar/respondent No.1 could validly grant the interim relief, which power is inherently vested with him.
3. Heard. Proviso (a)(ii) of section 163(2) of the Land Revenue Act, 1967, provides that no order shall be reviewed by any other Revenue Officer, without first obtaining the sanction of the Revenue Officer to whose control he is immediately subject;" it is clear that the power of review can only be exercised, if the necessary sanction in this behalf has been first obtained by the Reviewing Authority, which is a condition precedent and sine qua non for the review, thus for all intents and purposes no final relief of review can be granted without the sanction and it is settled law that where a forum has power to grant the final relief, it has inherent power to grant any interim relief vice versa, where the forum yet itself does not have power to grant the final relief, it shall have no power even to grant the interim relief. The Tehsildar, thus in the circumstances, without first seeking the sanction could not pass the impugned order, which is declared to be without lawful authority and jurisdiction and cannot sustain in law. Therefore, by allowing this petition the impugned order is hereby set aside.
M.B.A./M-242/L Petition allowed.