Case Details

Citation(s)
2020 SLG 2163 2020 SLD 2163 2020 YLR 1776
Peshawar High Court
Writ Petition No. 2331 of 2018, decision & hearing Date : 17-01-2020
MUHAMMAD NAEEM ANWAR, JUSTICE
Umar Farooq, A.A.G. for
Respondents.

HAYAT ULLAH

VS

SENIOR MEMBER, BOARD OF REVENUE, PESHAWAR AND 4 OTHERS

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

Section: 53,172(2)(vi)

Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 53 & 172 (2)(vi)---Entries in revenue record---Correction---Principle sought correction of longstanding entries in revenue record but Board of Revenue dismissed revision petition filed by him---Validity---No clerical or arithmetical error in the record of rights was pointed out but petitioner wanted deletion of a name from longstanding entries---Strong presumption of truth was attached to such entries though rebuttable---In order to rebut such entries there should have been concrete, positive, tangible and convincing evidence and the same was lacking himself was not clear about the situation or true picture of revenue papers was supposed to be aware of with clarity of mind for the specific relief he had asked for---Board of Revenue had left open for petitioner to get the matter resolved from competent forum---High Court declined to interfere in the order passed by Board of Revenue as the petitioner failed to point out any jurisdictional defect, patent illegality or any infirmity in the same---Constitutional petition was dismissed in circumstances. 2009 CLC 542; PLD 1991 Lah. 314; PLD 2009 Pesh. 28; 1992 SCMR 2334; 2017 CLC 264; 1996 SCMR 78 and 2017 YLR 492 ref. PLD 2008 SC 571; Mst. Khurshid Bibi and others v. Liaqat Ali and others 2010 YLR 2729; Pakistan Flour Mills Peshawar v. Mian Muhammad 1989 CLC 116; PLD 1962 WP Board of Revenue III P-1963 WP Board of Revenue 68, 1992 CLC 605; 2006 CLC 1182; Rasta Mal Khan and others v. Nabi Sarwar Khan and others 1996 SCMR 78; Muhammad Yousaf and 3 others v. Khan Bahadur through legal heirs 1992 SCMR 2334; PLD 2019 Pesh. 208 and 2017 YLR 1492 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- Through this writ petition, the validity and correctness of order dated 11.12.2017 of learned Member-I, Board of Revenue, Khyber Pakhtunkhwa, was challenged, whereby the revision petition filed by the petitioner before SMBR was dismissed. 2. The admitted backdrop of the matter was that the petitioner had filed an application before Additional Deputy Commissioner, Peshawar, by alleging therein that entries in revenue papers in respect of khatas Nos. 41 to 39, vide…
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