Law:

Section:

(a) West Pakistan Land Reforms Regulation [C. M. L. A.'s Regulation No. 64 of 1959], para. 5-Delegation of powers­ Ordinary incidence of delegated authority : authority once compe­tently exercised by delegatee, gets exhausted and no power thereafter left in delegator to exercise same authority in different manner- Delegator and delegatee both not competent to exercise their co­ordinate powers independently of each other or simultaneously or successively so as to .lead to possibility of conflict between the two-West Pakistan Land Reforms Regulation, para. 5 read with Notification No. 48/59-30-LC and Notification No. 49/59-31-LC both dated 17-2-59 confer without reservation concurrent and co­ordinate powers both on Chief Land Commissioner and Land Commissioner to decide whether a transfer void or not-Land Commissioner; by virtue of his delegated authority, ratifying gift of land-Order must be deemed to have been passed by C mission itself and (before promulgation of West Pakistan Land Reforms Regulation (Amendment) Ordinance, 1970) not amenable to appeal or revision before Chief Land Commissioner-West Pakistan Land Reforms Regulation (Amendment) Ordinance (XXVI of 1970), S. 2. Mutation of a gift of land was examined by the Land Commissioner and held by him as valid and not contravening the provisions of the West Pakistan Land Reforms Regulation of 1959. The case was once again re-opened and laid before the Chief Land Commissioner and he suo mote revised the decision of the Land Commissioner and held that the gift was valid only to the extent of the share of the wife of the donor but was invalid as regards the rest of the donees. This order of the Chief Land Commissioner was challenged in a writ petition before the High Court and the High Court accepted the petition holding that the Land Commissioner as well as the Chief Land Com­missioner were both delegatees of the Commission holding concurrent jurisdiction and possessing same power and therefore the order passed by the Land Commissioner could not be revised by the Chief Lend Commissioner. In appeal against the order passed by the High Court the Supreme Court held that the High Court was quite right in holding…

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