Case Details

Citation(s)
2022 SLG 1642 2022 SLD 1642 2022 PLJ 777
Lahore High Court, Rawalpindi Bench, Rawalpindi
W.P. No. 895 of 2016, heard on 8.3.2022.
AHMAD NADEEM ARSHAD, J.
Mr. Waqar Khalid Khawaja, Advocate for Petitioners.Ch. Shams Tabraiz, A.A.G for
Respondents No. 1-3.Mr. Amjad Bashir Mirza, Advocate for
Respondent No. 4.

MALIK KHAN, etc.VSMEMBER (JUDICIALVIII), BOARD OF REVENUE, PUNJAB, etc.

Law: Punjab Consolidation of Holdings Ordinance, 1960

Section: 9(3),10

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Consolidation of Holding Ordinance, 1960 (VI of 1960)-- ----Ss. 9(3) , 10--Constitution of Pakistan, 1973, Art. 199--Consolidation of land--Confirmation of consolidation scheme--Consolidation order was challenged after 45 years--Appeal Accepted--Ex-parte order--Dismissal of appeals were failed to annex-scheme--Predecessor of petitioner was failed to challenge consolidation scheme--Entitlement of both parties remained intact--Validity of impugned order--The petitioner failed to annex consolidation scheme which is a necessary document in order to resolve controversy between parties--Before approving scheme, Consolidation Officer shall cause it to be published in estate or sub-division in which holdings are situated--Consolidation scheme was approved and passed on 29.05.1962--The predecessor of petitioner as well as petitioners failed to challenge said scheme for considerable length of time and they filed appeal after a lapse of 45 years--If validity of impugned order is adjudged on touchstone of s of superior Court there leaves no ambiguity that Board of Revenue, has legally, adequately and rightly dealt with contentions raised by counsel for petitioner and did not commit any legal error, while rejecting petitioner’s contentions--Present constitutional petition has arisen out of consolidation proceedings--Writ jurisdiction is not proper forum for agitating grievances against allotment of land in consolidation proceedings and orders made by Consolidation Authorities with regard to allocation of land--Petition dismissed. 1970 SCMR 292, 1988 SCMR 310(1), 1989 SCMR 1817, 1997 SCMR 1611 ref. Constitution of Pakistan, 1973-- ----Art. 199, Constitutional Jurisdiction--In exercise of its Constitutional Jurisdiction, this Court has only to see as to whether a Tribunal or Court has acted without jurisdiction or vioated statute or law laid down by superior Courts--High Court, in such like cases, is not called upon to re- appraise evidence and writ petitions are not to be decided in manner of appeals. [P. 790] H Ref. PLD 1981 SC 246, PLD 1981 SC 522. Punjab Consolidation of Holding Ordinance, 1960 (VI of 1960)-- ----S. 10--Publishing of consolidation scheme--…
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