| Citation(s) |
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| 2025 SLG 1293 2025 SLD 1293 = 2025 PLJ 266 |
Lahore High Court
W.P. No. 9346 of 2024, decided on 19.2.2024. Date of hearing: 19.2.2024.
AUTHOR(S): SHUJAAT ALI KHAN, JUSTICE.
W.P. No. 9346 of 2024, decided on 19.2.2024. Date of hearing: 19.2.2024.
AUTHOR(S): SHUJAAT ALI KHAN, JUSTICE.
MUHAMMAD WILAYAT KHAN--PETITIONER
VS
ISMAIL KHAN ETC.--RESPONDENTS
Law: Punjab Office of Ombudsman Act, 1997
Section: 32
Punjab Office of Ombudsman Act, 1997 (X of 1997)------S. 32--Punjab Consolidation of Holding Ordinance, (VI of 1960),Ss. 11(1)(2) & 13--Allotment of graveyard land and two ponds--Consolidation proceedings--Powers of Board of revenue--Non-availing of remedies by petitioner under Ordinance, 1960--Jurisdiction--Challenge to--When more than one remedies had been provided against confirmation of consolidation proceedings, without availing said remedies, petitioner could not approach Respondent No. 4--Board of Revenue had been empowered to call for record of any consolidation proceedings of its own or on move of a party, irrespective of any limitation, apprehension of petitioner was misconceived--When a forum has not been blessed with jurisdiction to hear a matter, same cannot be bestowed even with consent of opponent side--Petition dismissed.Ref. PLD 2016 SC 121.Punjab Consolidation of Holding Ordinance, 1960------S. 11(1), 13--Appeal--Powers of Board of Revenue--An aggrieved person can challenge order of a Consolidation Officer confirming scheme within sixty days before Collector and under sub-Section 2 of said provision, a second appeal lies before Commissioner--The Ordinance, 1960, empowers Board of Revenue to call for and examine record of proceedings conducted under Ordinance, 1960 at any time suo moto or on application of an aggrieved person.ORDER:Unnecessary details apart, on 19.07.2022, the petitioner filed complaint before the Provincial Ombudsman, Punjab, Lahore (Respondent No. 4), inter-alia with the allegations that land of graveyard and two ponds was illegally allotted by the revenue authorities to the private persons. After summoning of reports from the concerned departments, Respondent No. 4, vide decision, dated 06.09.2022, directed the Additional Deputy Commissioner (Revenue), Narowal, to restore original position of Khasra No. 1599 according to its status prior to the years 1984-85. Aggrieved of the decision of Respondent No. 4, Respondents Nos. 1 to 3 filed representation before the Governor, Punjab, Lahore (Respondent No. 5) in terms of Section 32 of the Punjab Office of the Ombudsman Act, 1997 (the Act, 1997) which was allowed…