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

Section: 122

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 122--- Settlement of boundaries--- Ejectment proceedings---Procedure---Petitioner was aggrieved of proceedings initiated by Revenue authorities for recovery of excess land in his possession---Validity---Rules making power, by virtue of S.122(2) of Khyber Pakhtunkhwa Land Revenue Act, 1967, was vested in the Board of Revenue which had not been exercised nor invoked by Khyber Pakhtunkhwa Board of Revenue to frame Rules for the purpose of S.122 of Khyber Pakhtunkhwa Land Revenue Act, 1967---In absence of such Rules, in Khyber Pakhtunkhwa province, laws of other Province, not adopted by any statutory instrument, could not be applied---Order passed by Revenue authorities for eviction of petitioners and handing over possession to respondents was illegal and without jurisdiction, being not backed by any law and Rules---High Court set aside the orders passed, proceedings initiated and action taken without jurisdiction, as the same was amenable to judicial review under Constitutional jurisdiction---Constitutional petition was allowed in circumstances. THIS ORDER PASSED BY: NISAR HUSSAIN KHAN, JUSTICE:---.--- Petitioners have questioned the orders of revenue hierarchy whereby demarcation proceedings were concluded and his objection to the execution of the demarcation report was turned down. 2. Learned counsel for petitioners argued that initially application for demarcation proceeding has not been signed by the applicant nor any of the adjacent owner including the petitioners have been impleaded in the said application. He maintained that in terms of Rule 67-A of Land Revenue Rules, 1968, applicant was required to implead all the adjacent owners; that they challenged the order of the Collector before the Commissioner in appeal as well as by filing revision before the Senior Member Board of Revenue but were turned down, hence the instant petition. 3. Learned counsel for respondents contended that initial order of 20.7.2007 for conducting demarcation has not been challenged, hence it has attained finality; that respondent filed application under section 122 of the Land Revenue Act, 1967 for recovery of possession…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492