| Citation(s) |
|---|
| 2016 SLG 3849 2016 SLD 3849 2016 YLR 2026 |
Board of Revenue, Punjab
R.O.R. Nos. 2177 of 2013 and 509 of 2014, decided on 27th May, 2015.
NADEEM ASHRAF, SENIOR MEMBER (REVENUE)
Tanveer Iqbal Khan for Petitioner (in R.O.R. No.2177 of 2013). Muhammad Ejaz Ali for Petitioner (in R.O.R. No.509 of 2014). Muhammad Asif, Ch. for
Respondents.
R.O.R. Nos. 2177 of 2013 and 509 of 2014, decided on 27th May, 2015.
NADEEM ASHRAF, SENIOR MEMBER (REVENUE)
Tanveer Iqbal Khan for Petitioner (in R.O.R. No.2177 of 2013). Muhammad Ejaz Ali for Petitioner (in R.O.R. No.509 of 2014). Muhammad Asif, Ch. for
Respondents.
SHUJA NAWAZ AND others
VS
. GULZAR KHAN AND others
Law:
Section:
Punjab Land Revenue Act (XVII of 1967)----- -----Ss. 42, 43, 141, 162, 163 & 164-----Review of mutation-----Jurisdiction of Collector and procedure-----Respondent and another one, were joint owners of land in equal share, measuring 8 Kanals, 8 marlas (4 Kanals 4 marlas each)-----Said other one sold the entire land measuring 8 kanals 8 marlas in favour of vendee, which was in excess of his entitlement-----Case for its determination, rested on the point; whether District Collector, on an application, made to him by respondent, was competent to review the mutation-----Under S.163 of Punjab Land Revenue Act, 1967, Revenue Officers of various tiers, could review their respective orders, or orders of their predecessors, subject to fulfilment of certain conditions, either suo motu or on an application made by an aggrieved person-----Procedure, laid down in that section, required Revenue Officers to obtain permission of his immediate next Superior Officer, when he was satisfied that an order of his predecessor needed review-----Distinction, was automatically made between Reviewing Authority and Sanctioning Authority-----District Collector, was custodian of the Record of Rights in the District; and he had been empowered under the Punjab Land Revenue Act, Land Administration Manual, Land Record Manual, and the instructions of the Board of Revenue etc., to order correction of entries of Revenue Record; and was duty bound to ensure that record was updated, and maintained correctly-----District Collector was the Authority to sanction or accord permission for review of an order passed by predecessor of a Subordinate Revenue Officer-----Additional Commissioner, had rightly held in impugned order that permission was only granted to review, which would mean that the Revenue Officer, was authorized to have a second look at the record in presence of the parties-----Sanction to review under S.163 of Punjab Land Revenue Act, 1967, was just a permission according to a subordinate Revenue Officer to put the order of his predecessor to judicious scrutiny in presence of concerned parties-----Concerned Revenue Officer, who was allowed to review the order, was not bound to…
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