Law: Punjab Land Revenue Act, 1967

Section: 42,47

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 42 & 47---Constitution of Pakistan, Art. 199---Constitutional petition---Mutation of sale, setting aside of---Pendency of civil litigation---Petitioners assailed mutation on the basis of oral sale, which mutation was cancelled but Board of Revenue restored the same on the plea of pendency of civil litigation--- Validity--- In inquiry proceedings, no evidence was brought on record that any consideration was paid---Petitioners denied recording of any oral sale mutation---Respondents were brother who were trying to usurp inherited property of petitioners (sisters)---Entry of sale in alleged mutation was violation of S. 42 of Punjab Land Revenue Act, 1967---For alleged sale mutation dated 21-08-2000, mandatory fee under Ss. 47(7) & 42(10) of Punjab Land Revenue Act, 1967, was deposited in year 2009 after about nine years---Sanction of mutation on 30-06-2009 was violation of Ss.42(7) & (10) of Punjab Land Revenue Act, 1967---Board of Revenue illegally observed in its order that civil litigation was pending for which reason the mutation could not have been sanctioned---High Court set aside the order passed by Board of Revenue as the same was without jurisdiction and in violation of S. 42(10) of Punjab Land Revenue Act, 1967 and restored those of Revenue Officer and Commissioner---Constitutional petition was allowed, in circumstances. Ghulam Sarwar (deceased) through LRs and others v. Ghulam Sakina 2019 SCMR 567 rel. JUDGMENT CH. MUHAMMAD IQBAL, J.---Through this writ petition, the petitioners have challenged the legality of order dated 14.02.2013 passed by the Member (Judicial-VII), Board of Revenue, Punjab Camp at Sahiwal who accepted ROR No.1631/2011 filed by respondents Nos. 2 to 5 and set aside the order dated 30.06.2011 passed by the Commissioner, Sahiwal Division, Sahiwal (At Okara). 2. Brief facts of the case as contended by the learned counsel for the petitioners are that the petitioners filed an application to the District Revenue (Officer), Okara for the cancellation of oral sale mutation No. 4331 dated 30.06.2009 and also requested for sanctioning of inheritance mutation. That the petitioners…

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