Law: West Pakistan Land Revenue Act, 1967

Section: 164(3)

West Pakistan Land Revenue Act (XVII of 1967) S. 164(3)-Lambardar-Appointment-Revision---Natural justice Notice-Lambardar dying pending hearing of revision petition against his appointment-Board of Revenue, accordingly declaring revision petition to be infructuous and dismissing same in limine "subject to observation that no hereditary rights arising out of the challenged appointment of respondent will be considered by the local officer for fresh appointments and all applications shall be dealt with on merits--" Petition having been dismissed in limine, observations with regard to hereditary character of post made in petitioner's absence (deceased's heir) and without notice to him, held, made without lawful authority and of no legal consequence-Observations, held, militated against provision of S. 164(3) and also against principle of natural justice regarding hearing of affected persons. In section 164 of the West Pakistan Land Revenue Act, XVII of 1967 it is laid down that the Board of Revenue, may, at any time, or- its own motion, or on an application made to it within ninety days of the passing of any order, call for the record of any case pending before, or disposed of by, any Revenue Officer subordinate to it in subsection (4) of section 164 it is laid down that the Board of Revenue may, in any case called for under subsection (1) and a Commissioner may in any case called for under subsection (2) or reported to him under subsection (3) pass such order as it or he thinks fit, provided that no order shall be passed under this section reversing or modifying any proceedings or order of a subordinate Revenue Officer affecting any person without giving such person an opportunity of being heard. The observations made by the learned Member, Board of Revenue were both against the principles of natural justice as well as the "statutory provisions of section 164 in so far as they purported to determine the nature of the post and the consequent claims falling therefrom, and the ,petitioner who is an heir of the deceased Lambardar has a legitimate grievance against the same. Since the observations were made without nearing the petitioner the…