Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 163---West Pakistan Board of Revenue Act (XI of 1957), S.8---Power of review by Board of Revenue---Scope---Provisions of S.163 of West Pakistan Land Revenue Act, 1967 had clearly barred the power of review to Senior Member, Board of Revenue---By virtue of S.8 of the West Pakistan Board of Revenue Act, 1957, powers of review had been extended only to the Board of Revenue---Case was remanded to Board of Revenue with the direction to decide the review petition afresh according to S.8 of West Pakistan Board of Revenue Act, 1957. JUDGMENT AZMATULLAH MALIK, J.---Through the instant petition the petitioners seek the declaration of order dated 24-4-2008 passed by Senior Member Board of Revenue, N.-W.F.P. to be illegal without lawful authority and of no legal effect. 2. Precise facts of the case are that Ghulam Rasool petitioner submitted an application to the Revenue Officer, Tangi for partition of the disputed property pertaining to different Khatas. The respondent remained absent in spite of proclamation published in daily "Mashriq". Therefore ex parte proceedings were initiated against them which was latter on set aside by the Revenue Officer, Tangi on payment of cost of Rs.1,000 and also rejected Naqsha (A, B and J) ( ) vide his order dated 20-4-2005. The petitioner approached the District Collector, Charsadda who on acceptance of the appeal, restored the partition proceedings vide order dated 20-7-2005. The present respondent challenged that order before the Presiding Officer Revenue, Appellate Court-I, Peshawar who while dismissing the review petition of the petitioner ordered that Khata No. 109 is not to be disturbed vide his order dated 7-3-2006. Dissatisfied with the said order, the petitioner filed Revision Petition in the Court of Senior Member Board of Revenue which was accepted vide order dated 10-11-2007. Whereafter on 27-11-2007 present respondent Shehryar Khan filed a review petition under section 163 of Land Revenue Act, 1967 for reviewing and reversing the judgment passed vide order dated 10-11-2007. The Review Petition was accepted vide order dated 24-4-2008 and the Revision Petition filed…

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