Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------S. 42(7)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Entries in Record of Rights---Consolidation Officer, jurisdiction of---Change in long-standing entries in Revenue Record---Disputed mutation was entered by the Consolidation Officer without giving any opportunity of hearing to the respondents---Such change in the Record of Rights was set aside by the Board of Revenue---Validity---Change in the share of the petitioners in the disputed Khata was neither declared by any Court of competent jurisdiction nor the Consolidation Officer had changed the long­standing entries in the Record of Rights after providing opportunity of hearing to the respondents---Order passed by the Board of Revenue was neither void nor without lawful authority. JUDGMENT Through this single order I intend to dispose of Writ Petition No. 10979 and Writ Petition No. 11962 of 1997 as through both the petitions, petitioners i.e. Walayat Shah, Inayat Shah sons of Akbar Shah and Qasim Ali Shah alongwith his sister namely Mst. Rasool Bibi have challenged the order of the Member, Board of Revenue, Punjab, Lahore, dated 25-2-1997 whereby Member, Board of Revenue, Punjab Lahore has set aside the order of Additional Commissioner (Consolidation), dated 23-1-1994 and has upheld the order of the Additional -Deputy Commissioner (Consol.), dated 23-10-1993, whereby Mutation No.4124 attested on 14-1-1993 has been cancelled. 2. Brief facts of the case as given out in Writ Petition No. 10979 of 1997 are that Umar Shah, predecessor-in-interest of the respondent No.1 namely Bootay Shah, filed a suit for declaration before the Civil Judge claiming to be owner of the 3/4 share in the suit Khata while the present petitioners/defendants alongwith private respondents Nos.6 to 12, are owners to the extent of 1/4 share on the basis of entries of the Revenue Record. The suit of Umer Shah, predecessor-in-interest of respondent No.1, was decreed by the trial Court and the decree was also upheld by the learned Additional District Judge. However, 2nd appeal against judgment and decree filed by Karam Shah and Walayat Shah was allowed by the High…

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