Law:

Section:

West Pakistan Land Revenue Rules, 1968--- ----R.17---West Pakistan Board of Revenue Act (XI of 1957), S.8---Constitution of Pakistan, Art. 199---Constitutional petition---Lumberdar, appointment of---Review jurisdiction of Board of Revenue---Scope---Hereditary claim---Appointment of petitioner as Lumberdar was set aside by Board of Revenue in exercise of review powers under section 8 of West Pakistan Board of Revenue Act, 1957---Validity---Review by Board of Revenue under the provision of section 8 of West Pakistan Board of Revenue Act, 1957, was not at any cost amounted to an appeal---Board of Revenue reviewing any order was not permitted to sit in on its own order or that of a predecessor-in-office, particularly when all grounds taken in review stood already agitated upon, in order under review--- Board of Revenue had no option to give findings on those grounds afresh without first establishing whether there was any apparent mistake or error in the order sought to be reviewed---Petitioner was not only appointed on consideration of his hereditary claim, but other matters, which were to be considered in view of Rule 17 of West Pakistan Land Revenue Rules, 1968, were also taken into consideration by revenue authorities--- Appointment of petitioner could not be termed as illegal or ultra vires---Board of Revenue exceeded its jurisdiction and exercised a jurisdiction, which was in fact not vested in it while passing order in question, accepting the review---Order passed by Board of Revenue in exercise of review jurisdiction was set aside, restoring earlier orders passed by revenue authorities, appointing petitioner as Lumberdar---Petition was allowed in circumstances. Sh. Mehdi Hassan v. Province of Punjab through Member, Board of Revenue and 5 others 2007 SCMR 755; Muhammad Amin and 7 others v. Member (Consolidation), Board of Revenue, Punjab, and 3 others 1992 CLC 2338; Muhammad Din and 2 others v. Muhammad Amin and 8 others PLD 1994 SC 288 and Malik Ahmad Khan v. District Returning Officer, Jhang and 3 others 2005 CLC 1935 rel. Maqbool Ahmad Qureshi v. The Islamic Republic of Pakistan PLD 1999 SC 484 distinguished. JUDGMENT IBAD-UR-REHMAN LODHI, J.---On demise…

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