Law: West Pakistan Land Revenue Act, 1967

Section: 137 , 164

West Pakistan Land Revenue Act (XVII of 1967)--- ---- Ss. 137 & 164 --- Ex parte partition proceedings completed in a hasty manner against provisions laid down in West Pakistan Land Revenue Act 1967-- Validity ---Order-sheet of specific date showed that case was directed to come up for preparation of mode of partition on next date of hearing, while in the next below sentence, it had been mentioned that mode of partition had been sanctioned and sent to Patwari halqa --- Notice of proclamation showed that number of respondents and Khata numbers did not tally with each other --- Report of process-server showed that some of the respondents had expired but no legal representatives were brought on record ---Remand order of Collector upheld by Additional Commissioner was a valid order based on cogent reasons --- There being no illegality or material irregularity in said order, no interference in revisional jurisdiction was called for. P L D 1973 Quetta 1; P L D 1970 Lah. 6; P L D 1969 Lah. 1040; P L D 1974 Lah. 434 and P L D 1951 Lah. 147 ref. Muhammad Farooq attorney for Petitioner. ORDER These are three identical Revision Petitions against the order dated 29-4-1989 of the Additional Commissioner, Mardan, whereby the appeals of the petitioners against the order dated 9-3-1989 of the Extra Assistant Settlement Officer/Collector, Mardan was dismissed. The facts of the above three cases are that the petitioners mentioned in the above cases submitted three separate applications in the Court of Settlement Tehsildar/Assistant Collector 1st Grade, Mardan, for the partition of land:- measuring 8 kanals 16 marlas, bearing Khata No.112/228-232, Khasra Nos.1224, 1197, 1198, 1225 and 1196;   measuring 6 kanals 1 marla bearing Khata No.111, Khasra Nos.1192 and 1219, and measuring 15 kanals, 11 marlas bearing Khasra Nos.1263, 4201/1264 and 4203/1265, all situated in the area of village Hoti, Tehsil and District Mardan. The applications being in order and not hit by MLR-115 were accepted and notices were issued against the concerned parties. As the service of respondents through normal procedure was not possible, they were served through the "Daily Shahbaz'…