| Citation(s) |
|---|
| 1981 SLG 1549 1981 SLD 1549 1981 PLD 689 |
Lahore High Court
Writ Petition No. 3897 of 1930, decided on 13th July, 1981
MUHAMMAD 1LYAS., J
Ch. Muzammal Khan for Petitioners
Writ Petition No. 3897 of 1930, decided on 13th July, 1981
MUHAMMAD 1LYAS., J
Ch. Muzammal Khan for Petitioners
MUHAMMAD BOOTA AND 4 OTHERS€”ers
VS
FEROZE DIN AND 5 others--Respondents
Law:
Section:
(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)- -- S. 13(1)-Revisional powers-Held : Can be exercised by Board of Revenue in pursuance of a . petition made to it as well as of its own motion-Board of Revenue i. e exercise of such powers, can make any order as it thinks fit without confining its examination to grounds urged in petition.-[Revision (civil)]. LINK1 LINK2 Sardar Ashiq Muhammad Khan Mazari and 3 others v. Chairman, Federal Land Commission, Islamabad and 4 others P L D 1977 Lah. 461 distinguished. (b) West Pakistan Board of Revenue Act (XI of 1957)- S. 8 read with West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S. 13(1)--Board of Revenue in exercise of powers under S. 13(1) of Ordinance while dismissing revision petition taking notice of certain defects in order under revision and removing same with a view to doing justice-Held, question of revising earlier order did not arise in circumstances of case and, therefore, provisions of S. 8 of Act not attracted.-[Revision (civil)]. ORDER . The facts leading to this constitutional petition are that a Consolidation Scheme in respect of village Mitrahal Khurd, Tehsil and District Sialkot, was confirmed by a Consolidation Officer. Respondent No. 1, Feroze Din, hereinafter referred to as the respondent, was, however, not satisfied with the consolidation of his landed property. He, therefore, filed an appeal before the Collector (Consolidation), Sialkot, who allocated the land of Khasra Nos. 138, 131, 132, 133, 134, 136 and 143 to the said respondent after excluding the same from the Khatas of the petitioner, Muhammad Boots, and some others. Feeling aggrieved by the order of the Collector, the parties filed cross-appeals before the Additional Commissioner (Consolidation), Lahore` who dismissed the appeal of the respondent and accepted that of the petitioners and others on the ground that the land given to the respondent by the Collector did not belong to him before consolidation. The order of the Additional Commissioner was challenged by the respondent by means of a revision petition before the Member (Consolidation), Board of Revenue, Punjab, on the following grounds :- (i)…
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