Law:

Section:

Void order--- ----"Illegal" and "void" order---Distinction---Difference existed between an order which was illegal and an order which was void ab initio---Every illegal order was not void---Void order was that order which was passed by an Authority not competent to pass the same---Illegal order was that which was not passed in accordance with law. Arshad Munir Chughtai v. Chairman, Water and Power Development Authority, Lahore and another 2008 PLC (C.S.) 1280 rel. THIS JUDGMENT DELIVERED BY: MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- Through this constitutional petition, the petitioner has prayed as under:- "On the basis of the above submission it is respectfully prayed that the instant petition may very graciously be accepted and allowed and the impugned Orders dated 20.01.2004, 09.03.2004 and 19.12.2012 passed by the learned Executive District Officer (Revenue), Pak Pattan Sharif and the learned Member, Board of Revenue, Punjab Lahore respectively may very kindly be set aside by declaring the same as void ab initio, without any lawful authority and in violation of the fundamental rights protected under the Constitution of Islamic Republic of Pakistan, 1973. Any other relief which this Hon'ble Court deems fit and proper in the circumstances of the case may also be granted." 2. Brief facts of the case are that Sarfraz Ahmed etc (respondents Nos. 3 to 5) filed an application before the Tehsildar/Assistant Collector-I, Burewala for partition of their share measuring 15 Kanal-08 Marlas out of the total land, comprising Khasra No. 26/6,7/2,14,15,16,17,24,25,34/12, 18/1,19/2 and 20, measuring 71 Kanals-18 Marlas situated in Chak No. 517/EB, Tehsil Burewala, District Vehari. The Tehsildar approved four Wandas on 01.07.1999, Sarfraz Ahmad etc were placed in Wanda No.1 (15K-8M); Muhammad Sharif (respondent No.7) was placed in Wanda No. 2 (9K-8M) and Abdul Jabbar (present petitioner) was placed in Wanda No. 3 (2K-1M), while remaining land was given to Dost Muhammad etc in Wanda No. 4. The said litigation came up for hearing before the Board of Revenue, Punjab and on application of Muhammad Sharif (respondent No.7), the case was transferred by the Senior Member Board of…

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