| Citation(s) |
|---|
| 2014 SLG 1725 2014 SLD 1725 2014 CLC 952 |
Board of Revenue, Punjab
ROR No.2946 of 2012, decision dated: 23rd January, 2014.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
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ROR No.2946 of 2012, decision dated: 23rd January, 2014.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
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Mst. RABIA GUL
VS
Mst. ZAHIDA NAZLI and others
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 163 (2)(c) & 164---Mutation, review of---Condemned unheard---During litigation among respondents, authorities directed to review disputed mutations---Petitioner was not party to any of such litigation among respondents---Apprehension of petitioner was that in consequence of order to review mutations, the mutation passed in favour of petitioner would also be reviewed without giving any opportunity of hearing to petitioner---Validity---Board of Revenue directed the Collector to give ample opportunity of hearing to petitioner while disposing of the matter of review of disputed mutations and other mutations sanctioned on the basis of disputed mutations under the provision of S.163(2)(c) of West Pakistan Land Revenue Act, 1967---Revision was disposed of accordingly. 1998 SCMR 2268 ref. Syed Tajamal Hussain Bokhari for Petitioner. Muhammad Jaffar Khan for Respondent No.1. ORDER WAHEED AKHTAR ANSARI MEMBER (JUDICIAL-III).--- This revision petition has been filed against order dated 7-5-2009, passed by learned Executive District Officer (Revenue), Multan, whereby revision petition of the present respondent No.1 was accepted. 2. Arguments heard and record perused. 3. Learned counsel for the petitioner argued that the petitioner is a parda-observing lady. She is owner of 6-marlas and 15 yards land, which is in her possession. The said land was purchased by her through registered Sale-deed No.6531, dated 17-9-2001 from Abdul Rashid husband of Mst. Zahida Nazli, present respondent No.1. The said transaction was got implemented in the Revenue Record through Mutation No.18428, dated 19-2-2007. However, the respondents did not implead the petitioner in the revision petition titled Mst. Zahida Nazli v. Mehmood-ul-Hassan and others filed in the court of learned Executive District Officer (Revenue), Multan, which was accepted in the absence of petitioner vide order dated 7-5-2009. The said order was passed in the absence of petitioners, which is against the norms of justice. As it is a well-settled principle of law that if rights of persons are affected through an order then, it should be passed at least after hearing…
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