Law: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)

Section: 9 , 199

  West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Consolidation Scheme--Interference with---Parties entered into an agreement for mutual exchange of their lands as set out in the Resolutions of Consolidation Scheme---Such arrangement, held, could not be interfered with unless the same was contrary to any principle or rule of consolidations. Limitation Act (IX of 1908)--- ----S. 3---Constitution of Pakistan (1973), Art. 199---Limitation---Duty of Court---Whether the plea of limitation ,v(as raised by the parties or not; it was the duty of the Court to notice the point of limitation---Appeal wherein the respondents (petitioners in the Constitutional petition) were impleaded was barred by time---Appellate Court did not advert to the question. of limitation---Held, whether the plea of limitation was raised or not, it was the duty of Court to notice the point of limitation---Waiver on question of limitation was not permissible---Impugned order was declared to be without lawful authority and of no legal effect in the circumstances.--[Limitation--Duty of Court]. Ahsan Ali and others v. District Judge and others PLD 1969 SC 167 fol. Rashid Murtaza Qureshi for Petitioners. Muhammad Hanif Khatana for Respondents Nos. 1 to 24. Nemo for Respondents Nos. 25 to 27. Date of hearing: 25th October, 1993. JUDGMENT   SHAIKH ABDUL MANNAN, J.-This judgment will dispose of writ Petitions Nos. 1332, 1454,.1334, 1333 and 1455 of 1984 where identical question of law and fact is involved. Briefly stated, the consolidation scheme of revenue estate Kot Mahraj, Tehsil and District Sialkot was confirmed by the Assistant Consolidation Officer on 29-6-1974 and on appeal, Collector Consolidation partly accepted the same vide his order dated 5-3-1978 and restored certain Khasra numbers to Hassan Din etc after withdrawing the same from Khatas of Khera and Ghulam Qadir. The matter was taken up further and Addl. Commissioner (Cons.) vide his order dated 24-5-1978 remanded the case to Collector (Cons.) with some directions. Ghulam Qadir felt aggrieved against this order and he filed revision petition in the first…