| Citation(s) |
|---|
| 2019 SLG 1550 2019 SLD 1550 2019 CLC 1053 |
Lahore High Court
Writ Petition No. 8137/2016, decision & hearing Dated: 12-03-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Ch. Muhammad Shafi Meo
Respondent(s) by: Ahmad Mansoor Chishti Nos. 2 to 5. Jam Muhammad Afzal Gasoora, Assistant Advocate-General No.1.
Writ Petition No. 8137/2016, decision & hearing Dated: 12-03-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Ch. Muhammad Shafi Meo
Respondent(s) by: Ahmad Mansoor Chishti Nos. 2 to 5. Jam Muhammad Afzal Gasoora, Assistant Advocate-General No.1.
FIAZ AHMAD AND OTHERS
VS
MEMBER JUDICIALII, BOARD OF REVENUE AND OTHERS
Law: Punjab Consolidation of Holdings Ordinance, 1960
Section: 2(j),4,9,11
Law: Constitution of Pakistan, 1973
Section: 199
Law: Punjab Consolidation of Holdings Rules, 1960
Section: R.8
Punjab Consolidation of Holdings Ordinance (VI of 1960)--- ----Ss. 2(j), 4, 9 & 11---Punjab Consolidation of Holdings Rules, 1960, R. 8---Consolidation of holdings---Ex-parte decision---Vested right---Petitioners got land in question consolidated in absence of respondents---Consolidation order was set aside on appeal by respondents---Plea raised by petitioners was that they had already raised construction over the land in question---Validity---Mere possession and construction over disputed land which was included in Wand of petitioners did not create any vested right or title in favour of petitioners---Respondents being landowners were entitled to have right over estate/disputed land regarding petitioners which was established by two hierarches of revenue department as consolidation proceedings were carried out in absence of respondents---Respondents were not heard by Consolidation Officer before passing consolidation order in question in favour of petitioners and same was rightly rectified subsequently by appellate authority---High Court declared that orders passed by appellate authority against petitioners were rightly passed in favour of respondents as respondents had not been treated in accordance with law---High Court declined to interfere in order passed by appellate authority as same was passed in consonance with spirit of law, facts and circumstances---Constitutional petition was dismissed accordingly. Qadir Bakhsh v. Mst. Mumtaz Batool Biluch 1985 MLD 1279; Jamal Din v. Muhammad Aziz and others 2001 CLC 1726 and Mst. Farah Naz v. Judge Family Court and others PLD 2006 SC 457 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through this petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the relief sought by the Petitioners is as follows: "In the light of above narrated circumstances, it is humbly prayed that by accepting this writ petition order 26.07.2016 passed by respondent No.1 / MBR II Judicial Board of Revenue Punjab Lahore may kindly be set aside and order dated 21.03.2014 passed by Additional Commissioner Consolidation Bahawalpur may kindly be restored." A. Gist of theβ¦
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