Case Details

Citation(s)
2016 SLG 2957 2016 SLD 2957 2016 YLR 2532
Board of Revenue, Punjab
Review No. 227 of 2013 in ROR No. 2222 of 2013, decided on 8th September, 2015.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Muhammad Sajjad Naeem for Petitioners. Allah Wasaya Malik for
Respondents.

ALLAH BAKHSH AND others

VS

ATA ULLAH AND OTHERS

Law:

Section:

Thal Development Authority Act (XV of 1949)---.--- ---.---Preamble---.---Review petition---.---Petitioner had alleged that impugned order of acquisition was against the law and facts of the case, and had been passed without appreciating contention of the petitioners; that controversy regarding adna and aala malik was not understood in its true perspective while passing impugned order; that vital rights of the petitioners, being at stake, case should have been decided on merits---.---Petitioner prayed that the review be accepted---.---Contentions of the respondents on the other hand were; that impugned order was passed after hearing contentions of the parties and consultation of record; that scope of review was very limited; that the petitioners did not raise any new ground in the review petition; that no irregularity or illegality had been committed in the impugned order which was valid and lawful in the eye of law; that review petition was liable to be dismissed---.---Respondents prayed that review petition be dismissed---.--- Validity---.--- Impugned acquisition, had been made under the provisions of Thal Development Authority Act, 1949---.---No power of review vested in authority under Thal Development Act, 1949 or Thal Development Authority (Colonization) (Appeal and Revision) Rules, 1973---.---Power of review being conspicuously absent, exercise of such powers by Authority in canceling allotment of land, was not warranted---.---Right or power of review being creation of statute, could not be exercised unless specifically provided under the law---.---Petitioners, could not resist such contention---.---Present review petition being not competent, was dismissed being not maintainable; in circumstances. 1993 CLC 589 ref. THIS ORDER PASSED BY: WAHEED AKHTAR ANSARI, MEMBER, (JUDICIAL-III).---.--- This review petition has been filed against order dated 18.07.2012, passed by this Court. 2. Preliminary arguments heard and record perused. 3. Learned counsel for the petitioner argued that the impugned order is against the law and facts of the case and has been passed without appreciating contention of the petitioners. Moreover, the controversy regarding adna and aala…
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