Case Details

Citation(s)
2016 SLG 886 2016 SLD 886 2016 CLC 489
Board of Revenue, Punjab
R.O.Rs. Nos. 1399 and 1400 of 2012, decided on 15th October, 2015. Date of hearing: 29th September, 2015.
NAYYAR MAHMOOD, MEMBER (JUDICIAL VII)
Mian Muhammad Yaqoob Kanjoo for Petitioners. Mian Muhammad Siddique Kamiana for
Respondent.

MALIK ALI and 13 others

VS

AHMAD YAR and 9 others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 19---West Pakistan Land Revenue Act (XVII of 1967), Ss.42, 44, 45 & 164---Mutation, cancellation of---Both mutations were challenged by the respondent etc., the legal heirs of deceased mother of the respondent---Deputy District Officer (Revenue), after hearing the respective parties, and examining the relevant record, held that, the land in question was transferred by the Revenue Officer concerned without obtaining permission from the District Collector or the Commissioner, which permission was mandatory under S.19 of Colonization of Government Lands (Punjab) Act, 1912---Impugned mutations were set aside with the direction to the Revenue Officer concerned to restore the land in favour of the respondents---Appeals filed by petitioners against order of the Deputy District Collector/ Revenue, were also rejected by the Additional Commissioner (Revenue) after thoroughly examining the whole case---Concurrent findings of the courts below were in accordance with law; and did not suffer from any legal infirmity---No reason existed to differ with the impugned orders of the two courts below which were upheld and revision petitions were dismissed being devoid of merits. PLD 1959 W.P. (Rev.) 87; PLD 1967 W.P. (Rev.) 103; 1995 MLD 45; PLD 1967 W.P. (Rev.) 32; 2007 SCMR 262; PLD 1974 Lah. 434; 2000 SCMR 431 and PLD 1987 Lah. 659 ref. ORDER NAYYER MAHMOOD, MEMBER (JUDICIAL-VII).--- Through this single order aforementioned both revision petitions which have been filed under section 164 of the Land Revenue Act, 1967 are being disposed of since parties, impugned orders, arguments, purpose and law points involved in these petitions are identical. Through these petitions, single order of the Additional Commissioner (Revenue), Sahiwal Division, Sahiwal dated 16.05.2012 has been challenged by the petitioners, Malik Ali etc. 2. Brief facts of these cases are that mutation No.10, dated 22.02.1961 pertaining to transfer of Ihata No.14 (2k-1m-7s), situated in Chak No.90/D, Tehsil and District Pakpattan and mutation No.35 pertaining to transfer of land measuring 144K-0M, dated 20.09.1961, situated in the same Chak…
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