Law: West Pakistan Board of Revenue Act, 1957

Section: 3(2)

West Pakistan Board of Revenue Act (%I of 1957y  S. 3(2)Performance of judicial functions of Board of RevenuePerson unless notified as a Member under S. 3(2); held, cannot exercise judicial functions of Board of Revenue. Date of hearing : 9th February, 1980.                                                                                                             OPDBR MUHAMMAD HALEEM, J.This appeal by special leave arises out of the judgment of the Lahore High Court, Lahore, dated 19th of April 1976 by which Writ Petition No. 388 of 1975 was accepted. The dispute in this appeal relates to the agricultural land measuring 185 Acres, 7 kanals and 7 marlas situate in Chak No. 558/G. B., Tehsil Samundri, District Lyallput. .It was originally leased out to Muhammad Hussain on 18th of February, 1953, under the Tubewell Sinking Scheme but he failed to sink the tubewell and hence did not develope the land. In 1956 he sublet the land to the appellants without first obtaining the permission of the Collector. Therefore, the lease was cancelled by him on 29th of March 1962. On appeal, the Commissioner, Sargodha, remanded the case to the Collector by order dated 30th of July, 1962, for consideration as to whether the lease of the land could be granted to them. The Collector, by order dated 21st of March, 1964, recommended to the Board of Revenue that the land be allotted to the appellants which was, however, turned down by the Board of Revenue, by its administrative order dated 21st of of October, 1964. Against ibis order the appellants filed Writ Petition No, 1802 of 1966, in the former High Court of West Pakistan, Lahore Seat, but, were unsuccessful as it was dismissed on 7th of June, 1967, on the ground that the recommendation of the Collector did not create any vested right to the allotment of the land and, therefore, it was not necessary to hear the appellants before turning down the proposal. The…