| Citation(s) |
|---|
| 2001 SLG 2374 2001 SLD 2374 2001 CLC 499 |
Board of Revenue, Punjab
R.O.R. Nos.941, 942 and 943 of 1996, decision dated: 16-10-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIALI)
Ch. Abdur Rashid Gujjar for Petitioners. Aamar Zahoor Chohan for the Border Area Committee.
Respondents. Ex parte
R.O.R. Nos.941, 942 and 943 of 1996, decision dated: 16-10-2000
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIALI)
Ch. Abdur Rashid Gujjar for Petitioners. Aamar Zahoor Chohan for the Border Area Committee.
Respondents. Ex parte
Malik MUHAMMAD NAWAZ
VS
Malik HAMEEDULLAH and 12 others
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)------S. 163---Power of review by District Collector---Scope---Revenue Officers of various tiers could review their respective order or orders of their predecessors under provisions of S.163 of West Pakistan Land Revenue Act, 1967 subject to fulfillment of certain conditions either suo rnotu or on an application made by aggrieved person---Procedure laid down in S.163 of the Act required Revenue Officer to obtain permission of his immediate next superior officer when he was satisfied that an order of his predecessor needed review---District Collector being custodian of record-of-rights in the District, had been empowered under West Pakistan Land Revenue Act, 1967, Land Administration Manual, Land Record Manual and Instructions of the Board of Revenue to order for correction of entries of Revenue Record and he was duty bound to ensure that record was updated and maintained correctly---District Collector was authorised to sanction or accord permission for review of an order passed by predecessors of a subordinate Revenue Officer---If an application pointing out defective entries of Revenue Record was submitted to District Collector and said application. was marked to the subordinate Revenue Officer for investigation and report, District Collector could not be viewed to have transgressed his power---When a report from subordinate Revenue Officer, competent to review any order passed by his predecessor with permission of his superior officer was received by District Collector on which he formulated view that Revenue Record was not correctly maintained and certain order of a subordinate Revenue Officer required review and he accorded permission for review of the said order, District . Collector had merely facilitated the fulfilment of conditionality imposed on said Revenue Officer under S.163(2)(ii) of West Pakistan Land Revenue Act, 1967---Sanction to review under proviso to S.163 was not an order as defined in S.104, C.P.C. but was merely a permission accorded to a subordinate Revenue Officer to subject order of his predecessor to judicious scrutiny in presence of concerned parties---Concerned Revenue Officer, who had…
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