— Intra Court Appeal — Scope — Section 3 of the Law Reforms Ordinance, 1972 provides the remedy of Intra Court Appeal in certain eventualities but no such appeal is available or competent if an application brought before the High Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, arises out of any proceedings in which the law applicable provided for at least one appeal or one revision or one review to any Court, Tribunal or Authority against the original order. [2024 CLS 15 = 2024 CLC 114 = 2022 LHC 2385]

— Intra Court Appeal — Maintainability — Scope — Appellant moved an application under rules 14 and 15 of the Punjab Land Acquisition Rules, 1983 which was dismissed by the Member (Colonies), Board of Revenue, that order was assailed through Constitution Petition with the same result as dismissed by the Single Judge in Chamber vide impugned order — Although, no remedy of appeal, revision or review is provided in the Punjab Land Acquisition Rules, 1983, but the original order of acquisition of appellant’s land provides remedy of reference (section 18) and appeal (section 54) under the Land Acquisition Act, 1894 — The test laid down by the legislature is that whether the original order passed in the proceedings is subject to an appeal under the law or not? — If the law applicable to the proceedings from which the Constitution Petition arises provides for at least one appeal against the original order, then no appeal would be competent from the order of a Single Judge in the constitutional jurisdiction to a Bench of two or more Judges of the High Court — The crucial words are the “original order” and meaning of expression “original order” is the order with which the proceedings under the relevant statute commenced — In the light of aforesaid definition the proceedings under the Land Acquisition Act, 1894 would seem to be commenced with the acquisition of appellant’s land and that proceedings ended with ‘Award’ of the Land Acquisition Collector — Against which the remedy of ‘Reference’ under Section 18 and then appeal under Section 54 of the Land Acquisition Act, 1894 were available — The appellant filed application under rules 14 & 15 of the Punjab Land Acquisition Rules, 1983 in respect of acquisition order of his land — In this way this application did not start any new proceedings and order of acquisition is the original order with which proceedings under the Land Acquisition Act, 1894 were commenced and all orders subsequently passed would be treated as orders passed in continuation of said proceedings — Therefore, in view of availability of remedy of appeal under Section 54 of the Land Acquisition Act, 1894 qua the original order of acquisition proceedings, the Intra Court Appeal is not maintainable under proviso of Section 3(2) of the Law Reforms Ordinance, 1972. [2024 CLS 15 = 2024 CLC 114 = 2022 LHC 2385]