LAHORE: The Lahore High Court (LHC) held that an amount cannot be recovered as arrears of land revenue unless it is determined by a court of competent jurisdiction.
The court passed this order in a petition filed by Muhammad Shakeel who approached the court against his father’s arrest under the Land Revenue Act 1967 without determining the outstanding amount by a court of competent jurisdiction.
The petitioner claimed that an electricity meter was installed in the name of Allah Bakhsh, the grandfather of the petitioner who has passed away.
The respondents imposed an illegal amount of rupees 83,56,398 as arrears.
The respondents firstly issued a notice under section 82 (1) of the Land Revenue Act 1967 for recovery of the said amount in the name of Allah Bakhsh and subsequently, a notice was issued in the name of detenue Abdul Ghafoor father of the petitioner for payment of the aforementioned liability of MEPCO.
The detenue later on May 18, 2024, was detained for 30 days.
The petitioner claimed that the amount sought to be recovered from the father of the petitioner has not yet been determined and liability against the father has not been established in any case, hence recovery from his father is not sustainable.
The legal advisor to the respondents stated that respondent authorities themselves are the final authorities to determine the outstanding amount and on his failure to make payment of outstanding dues, the father of the petitioner has been arrested.
The court; however, observed that the procedure envisaged under Sections 81 and 82 of the Land Revenue Act 1967 has not been properly adopted.
The court held that in the present case, proceedings under the Land Revenue Act for recovery of dues as arrears have been initiated without getting a determination of liability from any forum of competent jurisdiction including a court of law.
The court; therefore, allowed the petition and held that the arrest and detention of the father of the petitioner is illegal and without any legal effect and directed to release him forthwith.
Copyright Business Recorder, 2024
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