Law: Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, (V of 1977)

Section: 3,12

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

Section: 52

Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act (V of 1977)--- ----Ss.3 12---Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967), S.52---Civil Procedure Code (V of 1908), XLVII, R.1---Revenue record---Presumption---Proceedings were initiated against petitioner for encroaching upon Shamlat land (community land) of village sought review of passed by High Court dismissing his Constitutional petition against order passed by authorities--- Plea raised by petitioner was that land in question was private land and could not be termed as thoroughfare---Validity---Presumption of truth was attached to entries of revenue papers in accordance with S.52 of Khyber Pakhtunkhwa Land Revenue Act, 1967, though it was rebuttable---Entries in revenue papers were never challenged before appropriate forum nor were questioned before Tribunal and not even before High Court---High Court declined to interfere in the matter as points raised in Constitutional petition were properly decided in the ---Review petition was dismissed, in circumstances. Mian Hakim Ullah and 2 others v. Additional District Judge/ Tribunal, Nowshera and 4 others 1993 SCMR 907 and Raees Khan and others v. Samra Ali Shah and others 1997 CLC 349 ref. (b) Civil Procedure Code (V of 1908)--- ----S.114---Review jurisdiction---Scope---Review is not meant for re-hearing the matter--- Scope of review is always very limited and confined to basic aspect of the case which was considered in but if grounds taken in support of petition were considered in the and decided on merits, the same would not be available for review in the form of re-examination of case on merits under S.114, C.P.C.---If Court has taken a conscious and deliberate decision on a point of law or fact and disposed of the matter pending before it, review of such order cannot be obtained on the grounds that Court took an erroneous view or that another view on reconsideration is possible--- Review cannot be allowed on the ground of discovery of some new material, if such material was available at the time of hearing but not produced. Sajid Mehmood v. Muhammad Shafi 2008 SCMR 554 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, J.---- Through instant…

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