Law: West Pakistan Land Revenue Act, 1967

Section: 163(b)

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 163(b)---Review of order passed by Assistant Collector---Collector under S. 163(2), West Pakistan Land Revenue Act, 1967, could not directly entertain application from any aggrieved party for review of order passed by Assistant Collector (order for sanctioning mutation) and pass order declining to permit review or directing Assistant Collector for reviewing his order---Such order if passed would be illegal and without jurisdiction. Muhammad Saleem Sheikh for Petitioner. Malik Noor Muhammad Awan for Petitioner. Malik Abdul Sattar Chughtai for Respondents. Qamar Ishtiaq, Mukhtar-e-Khas for Respondent No. 2. (in person). ORDER The disputed mutation is 2015, sanctioned on 29-4-1974. By this mutation the respondent No. 2 Qamar Ishtiaq son of Muhammad Ilyas respondent No. 1 exchanged land with the petitioner Rab Nawaz. The petitioner Rab Nawaz obtained land from Qamar Ishtiaq under Mutation No. 2015, relating to Village Jandanwaia, and gave him in   exchange land, under Mutation No. 1980 sanctioned on 7-5-1974, in Village Harnoli. Muhammad Ilyas, father of Qamar Ishtiaq, applied to the Prime Minister against certain mutations, which according to Muhammad Ilyas also included Mutation No. 2015. This application was sent to the Commissioner on 7-7-1985, who forwarded it to the Deputy Commissioner/Collector, who in turn sent it to the Assistant Commissioner for a report. When the Deputy Commissioner/Collector received the report he heard the parties and passed the impugned order on 17-10-1987, by which he allowed review of Mutation No. 2015 (alongwith some other mutations). The present petitioner, Rab Nawaz, went in a revision petition to the Additional Commissioner, who by his order dated 5-4-1988 rejected the revision petition. This order, as well as the order of the District Collector, have been impugned before the present Court. I will decide this case on the following arguments: Mutation No. 2015 was sanctioned in 1974. The respondents have not produced a copy of Muhammad Ilyas's application to the Prime Minister and therefore it is not clear whether Mutation No 2015 was also attacked in that…