Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 179

Law: Limitation Act, 1908

Section: 4,14

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 9

THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, JUSTICE:---.--- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have prayed for the following relief:- "It is, therefore, humbly prayed that respondents may kindly be directed to declare the order dated 25.02.2015 of respondent No. 1 as illegal, without lawful authority and ineffective upon the rights of petitioners by way of which second revision petition of respondents No.2 to 13 was accepted and case was remanded to Deputy Commissioner, Dera Ismail Khan with the direction to decide the case afresh on merits in accordance with law. Any other remedy deemed appropriate in the given circumstances may also be granted". 2. The precise facts as narrated in this writ petition are that the petitioners moved two applications to the Deputy District Officer (Judicial), Paharpur, with the title of 'Iqbal Hussain Shah etc Vs. Altaf Hussain Shah etc and "Iqbal Hussain Shah etc Vs. Munawar Hussain Shah etc' for partition of land bearing Khata No.6 35, situated in Mauza Wanda Khaliq Shah, Tehsil Paharpur, District D.I.Khan. After conducting the prescribed proceedings, the commission submitted the report suggested the mode of partition, the report of commission was accepted vide order dated 13.7.2010. Feeling aggrieved, the respondents No.2 to 11 preferred appeal before the same forum, which was dismissed on 23.02.2011. This order was assailed before the District Officer Revenue/Collector, D.I.Khan, in two separate appeals, which too met the same fate vide order dated 18.4.2013 and appeals preferred there-against by the aggrieved parties before the Additional Commissioner, D.I.Khan were dismissed by the Commissioner, D.I.Khan vide order dated 17.7.2013. Dissatisfied with the aforesaid order of the Commissioner, D.I.Khan, the aggrieved parties assailed the same in 2nd Revision before the Senior Member Board of Revenue, which were allowed vide impugned order dated 25.02.2015, pursuant thereto, orders of both the fora below were set aside, and the case was remanded to the Deputy Commissioner, D.I.Khan with the direction to decide the appeal afresh on merits and…

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