Law: Punjab Land Revenue Act, 1967

Section: 135

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Land Revenue Act (XVII of 1967)--- ----S. 135---Constitution of Pakistan, Art. 199--- Constitutional petition---Application for partition---Scope of interference by High Court filed application under S.135 of Punjab Land Revenue Act, 1967, for partition of joint khata before the Tehsildar/Assistant Collector-I---Tehsildar initiated ex-parte proceedings against the petitioner and others and accepted the application for partition as nobody had raised objection on the naqsha/mode of partition along with others filed application under S.12(2) read with O.IX, R.13, C.P.C., for setting aside the ex-parte order which was dismissed throughout---Validity---Tehsildar had discussed in detail the process of service upon the petitioner which was effecteds share had already been given to him, as such, the petitioner had failed to show any illegality or irregularity while preparing the mode of partition of the joint khata---High Court in the absence of any patent illegality or irregularity could not interfere in the concurrent findings of revenue hierarchy in the constitutional jurisdiction and could not sit at the decisions of revenue authorities who were the best judges to ascertain the rights of the parties according to their respective ownership---Constitutional petition was dismissed. Raza Khan through Legal Heirs and 3 others v. Member, Board of Revenue, N.W.F.P. Peshawar and others 1999 SCMR 873 and Muhammad Akram v. Member, Board of Revenue (Judicial-VII) and 8 others 2014 MLD 870 ref. JUDGMENT CH. MUHAMMAD IQBAL, J.--- Through this writ petition, the petitioner has challenged the order dated 15.12.2007 whereby the Tehsildar/Assistant Collector-I, Wazirabad, District Gujranwala accepted the application for partition of a joint khata, filed by respondent No.1; the order dated 01.04.2008, whereby the Tehsildar/ Assistant Collector-I dismissed the application of the petitioner under section 12(2) read with Order IX, Rule 13, C.P.C. for setting aside the ex-parte order dated 15.12.2007; the order dated 03.12.2008, passed by the District Officer (Revenue), Gujranwala who dismissed the appeals filed by the petitioner and others; the order dated 24.03.2011, passed by…

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