| Citation(s) |
|---|
| 2014 SLG 484 2014 SLD 484 2014 MLD 780 |
Lahore High Court
W.P. No. 1249 of 2013, decision Dated: 28-01-2014.
SHOAIB SAEED, JUSTICE
Iftikhar Ibrahim Qureshi for Petitioner. Najeeb Ullah Khan for
Respondent No. 5.
W.P. No. 1249 of 2013, decision Dated: 28-01-2014.
SHOAIB SAEED, JUSTICE
Iftikhar Ibrahim Qureshi for Petitioner. Najeeb Ullah Khan for
Respondent No. 5.
MUHAMMAD AKRAM
VS
MEMBER, BOARD OF REVENUE (JUDICIALVII) AND 8 OTHERS
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)--- ----S.135---Constitution of Pakistan, Art.199---Constitutional petition---Scope---Partition of agricultural land by the Revenue Officer---Scope---Parties were co-owners in the property which was partitioned and wandajaat were prepared accordingly---Mode of partition was made in line with the principles of consolidation and partition---Some land given to the applicant was not contiguous as he was in possession on the said land---Question of inferior land could not be raised as it was compactness on which partition was based---Partition of agricultural land was to be based on its classification/category---Revenue hierarchy had given concurrent findings of fact against the applicant---Conclusions made by the Revenue Authorities were based on cogent reasons which should not be interfered in constitutional jurisdiction---High Court could not substitute its own findings in place of findings of courts below---Constitutional petition was dismissed in circumstances. Muhammad Younis and another v. Member (Judicial), Board of Revenue, Punjab and 2 others 2004 YLR 793 distinguished. Muhammad Khan and 6 others v. Mst. Ghulam Fatima and 12 others 1991 SCMR 970; Dilshad v. Additional District Judge, Multan and others 1986 SCMR 1396; Muhammad Mansha and others v. Sharifan Bibi and others 2006 CLC 608 and Khuda Yar v. M.B.R. and others 2003 MLD 1075 ref. 1990 MLD 575 rel. THIS ORDER PASSED BY: SHOAIB SAEED, JUSTICE:---.--- Through the instant writ petition, petitioner has impugned the orders dated 19-1-2013, 17-12-2012, 23-10-2012 and 30-6-2012 passed by the revenue hierarchy. 2. Brief facts of the case are that petitioner along with others moved an application before Naib Tehsildar/A.C.II, Sahiwal (respondent No. 4) under Section 135 of the Land Revenue Act, 1967 for partitioning of Khewat No. 76/76, Khatuni No. 563 to 570 measuring 79-Kanals and 11-Marlas situated in Chak No. 52/D, Tehsil and District Sahiwal. Petitioner and respondent No. 5 are co-owners with regard to the afore-referred land, petitioner owns 51-Kanals 14-Marlas while respondent No. 5 owns 27-Kanals 14-Marlas. Respondent No. 4 apportioned the afore-referred…
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