| Citation(s) |
|---|
| 1984 SLG 377 1984 SLD 377 1984 PLD 244 |
Lahore High Court
Writ Petition No. 1334 of 1978, decided on 22nd January,1984. dates of hearing : 28th to 31st March; .2nd, 5th,12th, 13, 16, 19th April; 16th, 18th, 22nd to 24th May, 1983
LEHRASAP KHAN, J
Raja Muhammad Anwar and Mian Qurban Sadiq for Petitioners. Altaf Muhammad Khan for
Respondent No. 1. Muhammad Hanif Niazi for
Respondents Nos. 2 to 7. Muhammad Nawaz BhImbar for
Respondents Nos. 8 and 9
Writ Petition No. 1334 of 1978, decided on 22nd January,1984. dates of hearing : 28th to 31st March; .2nd, 5th,12th, 13, 16, 19th April; 16th, 18th, 22nd to 24th May, 1983
LEHRASAP KHAN, J
Raja Muhammad Anwar and Mian Qurban Sadiq for Petitioners. Altaf Muhammad Khan for
Respondent No. 1. Muhammad Hanif Niazi for
Respondents Nos. 2 to 7. Muhammad Nawaz BhImbar for
Respondents Nos. 8 and 9
RAB NAWAZAND 8 othersvsMEMBER (COLONIES) BOARDOFREVENUE, PUNJAB, LAH0RE AND 4 others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)- -- Art. 199-West Pakistan Land - Revenue Act (XVII of 1967), S. 164-Board of Revenue can competently exercise its sue motu revisional powers and call for record of any case pending before or disposed of by any subordinate Revenue Officer and pass such orders as Board thought Board of Revenue, irrespective of locus stand! of respondent can competently decide as to whether allotment made to petitioners .was valid or otherwise. sCh. Muhammad Younis v. Islamic Republic of Pakistan P L D 1972 Lah, 847 and Ghulam Mohy-ud-Din v. Government of Pakistan 1971 S C M R 747 ref. (b) West Pakistan Land Revenue Act (XV11 of 1967)- -- S. 164-Suo motu revision by Board of Revenue-No limitation prescribed-Element of concealment of facts about whole proceedings of transfer of land and manner in which subsequent allotments obtained through exchange-Period of limitation to challenge such proceedings to start from date of knowledge.-[Limitation]. (c) Land Acquisition Act (I of 1894)---- Ss. 4 & 24, cl. seventhly-Disposal of land affected by acquisition proceedings after publication of notification under S. 4 not prohibited under S. 24, cl. seventhly-Disposal of such land shall not be taken into consideration while determining compensation-Section 24, cl. seventhly, held, not bar to sale of land after publication of notification under S. 4. (d) Punjab Land Record Manual--- -- Paras. 7.43 & 7.49-Clerical error can be rectified without having recourse to provisions of paras. 7.43 & 7.49. (e) West Pakistan Land Revenue Act (XVII of 1967)--- S. 44(1)-Record of rights and periodical records-Determination of dispute - Correction of clerical error-Mutation not required for rectification of such error. (f) West Pakistan Land Revenue Act (XVII of 1967)--- ---- Ss. 42 & 44-Mutation-No dispute between vendee on one side and any party on other side-Entring a mutation of. sehat andraj not required. (g) West Pakistan Land Revenue Act (XVII of 1967)- Ss. 52 & 44 - Correction of Khasra Girdawari by Collector Person neither residents of village nor owned err possessing any land in said village has no locus standi to challenge order of Collector. (h) Land…
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