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Civil Petition for Special Leave to Appeal No. 1485 of 1980, decided on 24th March, 1981.
(On appeal from order dated 18-10-1980 of the Lahore High Court in W. P. No. 10637 of 1980).
--- And Constitution of Pakistan (1973), Arts. 199 & 185 (3)--"Kharif" commencement of--Whether or not Kharif begins in February-March or in May-Essentially a question of fact, not open to challenge if'. writ jurisdiction-Revenue authorities, held, know better and their point of view on subject to be reasonably accepted as correct.- [Question of fact].
Raja Mohammad Sabir, Advocate- Supreme Court and Mohammad Aslant Chaudhry, Advocate-on-Record for Petitioner.
Sh. Masud Akhtar, Advocate-on-Record for Respondents Nos. 1 and 2.
Date of hearing : 24th March, 1981.
.-The facts giving rise to this petition are that the petitioner sought to pre-empt the sale of land on the ground that land in question was comprised in his tenancy. The Collector decreed the suit, which was set aside in appeal by the Additional Commissioner (Revenue) which order was upheld by the Board of Revenue in revision. Being aggrieved, the petitioner filed a writ petition in the Lahore High Court in which it was urged that the first right of pre-emption was conferred upon the tenant as from Kharif 1972 by the Land Reforms Regulation, 1972, which was promulgated on 11th March, 1972, while the sale in question was effected on 20th March, 1972 which was after Kharif 1972. The High Court refused to interfere on the ground that Kharif normally means Autumn in Punjab and. the Kharif crop is sown in the month of May and harvested in the months of September and October. The High Court did not agree with the learned counsel's contention that in Multan where the land was situate sowing of Kharif crop begins as early as March, and sometimes even is February. The High Court was of the view that the Revenue Authority were supposed to know better and since the finding as to when Kharf begins was against the petitioner, there was no room for interference by the High Court.
We pointed out to the learned counsel that whether or not Kharif begins in February-March or in May is essentially a question of fact which was not open to challenge in the writ jurisdiction. The view that prevailed with the High Court is unexceptionable. It was not open to the High Court to determine when the Kharif crop begins, and as was observed by the High Court, the Revenue Authorities knew better and it would be reasonable to) accept their point of view on the subject.
The petition is without merit and is accordingly dismissed.
Petition dismissed.
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