Law:

Section:

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 135, 164, 167 & 179---Khyber Pakhtunkhwa Board of Revenue Act (XI of 1957), S. 7---Partition of land by Revenue Officer---Deputy District Officer (Judicial) accepted report of commission with regard to mode of partition of suit land against which appeal was filed---District Officer/ Collector dismissed the appeal against the said order---Member, Board of Revenue remanded the case to the District Officer (Revenue) with the direction to decide the appeal afresh on merits and in accordance with law---Validity---Orders passed by the Board of Revenue in revision had attained finality---Board of Revenue being apex body in the revenue hierarchy had been empowered for correcting any order or decision while exercising powers under S.164 of Khyber Pakhtunkhwa Land Revenue Act, 1967---Board of Revenue had only condoned the delay and set aside the orders passed by the lower forums and remanded the matter to the District Officer (Revenue) for decision afresh---Legal objections would be available and could be raised by both the parties before the said Officer---No legal error or jurisdictional defect had been pointed out in the impugned order passed by the Board of Revenue---Constitutional petition was dismissed in circumstances. 1986 SCMR 962 ref. 2015 MLD 405; PLD 2016 Pesh. 49; 2015 CLC 14 and 2015 YLR 788 distinguished. Mst. Bas Khana and others v. Muhammad Raees Khan and others PLD 2005 Pesh. 214; Abdullah and others v. Muhammad Haroon and others 2002 CLC 1419 and Syed Lal Hussain Shah v. Lal Muhammad and 5 others 2005 CLC 1076 rel. 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 Nos.2 to 13 was accepted and case was remanded to Deputy Commissioner, Dera Ismail Khan…

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