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

Section: 44,45,53

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 44, 45 & 53---Correction of entries in the settlement records moved application for correction of entries in the settlement record---Assistant Collector (Revenue) dismissed the said application with advice to approach the appropriate forum but said order was set aside by the Board of Revenue---Validity---Factual controversy was involved in the present case which required evidence before civil Court---Tehsildar had rightly expressed his inability to alter the entries made in the settlement record which was finalized more than two decades before filing of present application---Application for correction of entries was not maintainable in circumstances---Revenue Officer could correct entries during the course of preparation of land record but old entries could not be altered when rights of other persons had been created on the basis of such entries---Revenue Officer had no jurisdiction to correct entries in the settlement record, as many transactions had taken place and rights of many people had been created through such entries---Grievance of petitioners could only be redressed by the civil Court---Impugned order passed by the Board of Revenue was illegal and suffered from jurisdictional defect which was set aside---Constitutional petition was accepted, in circumstances. Muhammad Yousaf and 3 others v. Khan Bahadur through legal Heirs 1992 SCMR 2334; Waris Khan and 18 others v. Col. Humayun Shah and 41 others PLD 1994 SC 336 and Rasta Mal Khan and others v. Nabi Sarwar Khan and others 1996 SCMR 78 rel. JUDGMENT WIQAR AHMAD, JUSTICE:---.--- My this order is directed to dispose of Petition No. 720-P of 2007 filed by the petitioners under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. Respondents Nos. 5 to 7 and predecessor-in-interest of respondents Nos.8 to 12 filed an application before Tehsildar Babozai who was having powers of Assistant Collector Revenue of the first grade under the Land Revenue Act, 1967 (hereinafter referred to as 'Act'), with the prayer of entering Khasra Nos. 435, 486 and 531 recorded as such in the settlement record of the Moza Saidu Sharif Tehsil…

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