Case Details

Citation(s)
2004 SLG 458 2004 SLD 458 2004 YLR 554
Lahore High Court
Writ Petition No. 23887 of 1999, heard on 03-11-2003
MUHAMMAD AKHTAR SHABBIR, JUSTICE
Ras Tariq Chaudhry alongwith Anwar-ul-Haq for Legal Heirs of Petitioners. Shahid Amin and M. Aslam Khan Butter for
Respondent No. 1. Muhammad Sohail Dar, A.A.G. for
Respondents Nos.2 and 3.

MIAN RIAZULHAQ THROUGH LEGAL HEIRS AND 6 OTHERS

VS

MUHAMMAD PERVAIZ CHAUDHRY AND 2 OTHERS

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 117,175

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: Order26,rule9

Law: West Pakistan Land Revenue Rules, 1968

Section: 67-A

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.117---Powers of Revenue Officers to define limits of estate---Scope and extent-- Provisions of S.117 of West Pakistan Land Revenue Act, 1967 had empowered a Revenue Officer for the purpose of framing any record or making any assessment on the application of any person interested to define the limits of the estate, or of any holding, field or other portion of an estate and could for the purpose of indicating those limits require boundary marks to be erected or repaired---Powers under S.117 of West Pakistan Land Revenue Act, 1967 for demarcation proceedings were unlimited and unfettered---Revenue Officer for purpose of preparation of record or assessment of a case, could on his own motion or on application of interested person, demarcate boundaries of an estate. Sheikh Abdul Ghafoor and others v. Faqir Muhammad 1992 CLC 586 and Tahir Hanif v. Member, Board of Revenue and others 1982 CLC 1732 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.117 & 175---West Pakistan Land Revenue Rules, 1968, R.67-A---Powers of Revenue Officer to remove encroachment from land---Scope---Revenue Officer under S.175 of West Pakistan Land Revenue Act, 1967 was empowered to remove the encroachment from the land which was reserved for the common purposes-- Rule 67-A of West Pakistan Land Revenue Rules, 1968 had further strengthened the demarcation power to be exercised by Revenue Officer with regard to limits of estate, a holding, field or any portion thereof---Rule 67-A envisaged the demarcation of land on an application under S.117 of West Pakistan Land Revenue Act, 1967 for defining the limits of an estate; a holding, field or any portion thereof. Amir Bibi v Dheru and another AIR 1927 Lah. 615 and Pervez Ahmad Khan Burki and 3 others v. Assistant Commissioner, Lahore Cantt. and 2 others PLD 1999 Lah. 31 ref. (c) Constitution of Pakistan (1973)--- --- Art.199---Constitutional jurisdiction of High Court---Scope---High Court would riot sit as a Court of appeal on a decision/ of Court or Special Tribunal in exercise of its Constitutional jurisdiction-- Where Special forum, however, misconstrued the provision…
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