Case Details

Citation(s)
2015 SLG 2170 2015 SLD 2170 2015 MLD 759
Board of Revenue, Punjab
R.O.R. No. 2157 of 2013, decided on 15th October, 2014.
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Abdul Haq for Petitioner. Mian M. Jahangir for
Respondent.

Malik MASOOD AHMAD

VS

IQBAL AHMAD and others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss.135 & 164---State land---Partition---Application for execution of conveyance deed and framing of separate wandas---District Collector, ordered the execution of conveyance and also framed separate wandas through ex parte order---Additional Commissioner (Revenue), upheld order passed by District Collector---Validity---Both petitioners and respondents were lessees of the land, whereas Provincial Government was owner---Parties though not owners of the land were claiming partition of said land as lessees---Section 135 of West Pakistan Revenue Act, 1967 dealing with partition, was not attracted in the case---Partition proceedings, which had been undertaken by the lower forums, were nullity in the eyes of law---Orders passed by Additional Commissioner (Revenue) and the one by District Collector, regarding partition of said land were set aside---District Collector was directed by Board of Revenue to reverse the possession as was before order of partition in revenue record, within one month of receipt of present order. ORDER WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III).---This revision petition has been filed against order dated 24-9-2013, passed by learned Additional Commissioner (Revenue), Multan Division, Multan, whereby appeal of the present petitioner was dismissed. 2. Arguments heard and record perused. 3. Learned counsel for the petitioner argued that respondents Nos.2 to 4 submitted an application before learned District Collector, Vehari for execution of conveyance deed and framing of separate wandas. Learned District Collector by assuming the non-existing powers ordered the execution of conveyance deed and also framing of separate wanda of respondents Nos.2 to 4 through ex parte order. The petitioner on coming to know about that ex parte order, submitted an application to learned District Collector for review of the order, but it was dismissed on 4-8-2012. He further argued that according to the instructions issued by the Board of Revenue, Punjab on 19-5-2012, Tehsildar has to attest the mutation and execution of conveyance deed is not required. Learned District Collector by ignoring the instructions…
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