Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 135

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 135---Partition of landed property by Revenue Officer---Private partition---Scope---Contention of respondents was that partition of the property in question had already been held by the parties privately---Validity---Dispute had not been resolved between the parties despite the fact that private partition had been carried out---Impugned order/ of Member Board of Revenue was well reasoned and in accordance with law---No embargo existed on official partition of suit property which would resolve controversy between the parties---No illegality, material irregularity or misapplication of law had been pointed out in the impugned orders---Revenue officer was directed to conduct partition of suit property in accordance with law---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:---.--- Through the instant writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have sought the following relief:-- "On acceptance of this writ petition the impugned judgments and orders of respondents Nos.4, 6 and 7 be declared without lawful authority and of no legal effect and the application of the respondents for partition may kindly be dismissed with cost throughout." 2. Precise and relevant facts arising from the instant petition are that on 16.06.2010, the private respondents had filed an application before the Deputy District Officer (Revenue), Warray, District Dir Upper, against the petitioners, sought therein partition of the landed properties fully described in the heading of the said partition application. 3. The learned D.D.O.R(J) procured the attendance of petitioners who submitted their written reply, wherein, they asserted that the lands in question have already been partitioned with the help of Shahi Mulk Khan and Ali Bahadar by the parties, however, the village Shamilati joint property with Quom is not partitioned. The learned DDOR(J) vide order dated 16.03.2011 turned down the assertion of petitioners regarding the previous partition amongst the parties and held that as settlement in the area has…

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