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

Section: 135

Law: Constitution of Pakistan, 1973

Section: 199

(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 135---Constitution of Pakistan, Art. 199---Partition proceedings before Revenue Officer---Prejudice was alleged by the petitioners against a Revenue Officer at appellate forum who had already adjudicated the matter as a subordinate Revenue Officer---Validity---Record revealed that on previous occasions, the said Revenue Officer had allowed every petition/appeal of the petitioners while serving in different capacities---Petitioners, legally, could not raise objection of mala fide or prejudice---No case of interference by the High Court under constitutional jurisdiction was made-out---Constitutional petition was dismissed, in circumstances. (b) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S. 135---Constitution of Pakistan, Art. 199---Partition proceedings before Revenue Officer--- Factual controversy--- Constitutional jurisdiction of the High Court---Scope---Petitioners/share-holders invoked constitutional jurisdiction of the High Court against carving of Tatima on the basis of report of commission---Held, that determination of possession of parties could only be made through spot inspection---Such controversy could not be determined by invoking constitutional jurisdiction of the High Court---When there are conflicting claims of factual nature pending before the Court of competent jurisdiction, then the factual controversy should be left to such Court for decision---No case for interference through constitutional petition was made out---Constitutional petition was dismissed, in circumstances. Shafiullah Jan v. Government of Khyber Pakhtunkhwa a through Secretary Small Industrial Estate, KPK Peshawar and 6 others 2018 CLC Note 17; Zafar Abbass and 4 others v. Member Board of Revenue Punjab and 18 others 2021 YLR 912; Muhammad Ayaz v. Superintendent District Jail, Timergara District Lower Dir and 3 others PLD 2018 Pesh. 1; PLD 2015 SC(AJK) 7 and 2021 MLD 1106 ref. JUDGMENT FAZAL SUBHAN, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (Constitution) the petitioner has prayed the following: - It is, therefore, most humbly prayed that on…

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