Law: West Pakistan Board of Revenue Act, 1957

Section: 8

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Board of Revenue Act (XI of 1957)-------S. 8---Constitution of Pakistan (1973), Art.185(3)---Review by Board of Revenue---Scope---Land was granted under scheme to affectees of Mangla Dam and some areas were reserved for small Khatadars, Harris and Muhagdars in the area---Respondents claimed the land to be in their cultivating possession as Harris, small Khatadars, which was reserved for them by the Government but . inadvertently their land was allotted to the affectees under the scheme---Such fact was brought to the notice of the Board of Revenue and after verification of the Colonization Officer by visiting the site in presence of 'the parties, Member, Board of Revenue while exercising the powers under S.8, West Pakistan Board of Revenue Act, 1957 reviewed his earlier order and observed that in view of documentary evidence on record mentioning cultivating possession of the respondents, such evidence could not be brushed aside and held that respondents were entitled to retain that area in their possession which shall not be disturbed---High Court, considered the case in its proper perspective and with sound and cogent reasons dismissed the Constitutional petition filed against the order of the Board of Revenue--Validity---No jurisdictional error, material illegality or non-reading of misreading of the documentary evidence in the impugned of High Court was found nor there was any question of public importance, as envisaged `under Art.185(3) of the Constitution being involved, petition for leave to appeal against order of the High Court was dismissed by Supreme Court.Aminullah and 2 others v. Qalandar Khan and 4 others 1993 SCMR 2307 and Nasim Ahmed Kharal v. Board of Revenue, Sindh 1979 CLC 609 distinguished.JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.--Petitioners seek leave to appeal against the judgment dated 17-11-1999 passed by the High Court of Sindh, Bench at Sukkur in Constitution Petition No.D-720 of 1992. 2. Brief facts of the case are that the petitioners being Mangla Dam affectees were allotted agricultural land measuring 800 acres out of U.A. Nos.55, 56 and 255 of Deh Jado Pitafi, Taluka Mirpur Mathelo in the year 1965 on the…