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Constitution of Pakistan (1973)-----Art. 185(3)--Consolidation of land--Petition for leave to appeal--High Court, in writ jurisdiction, setting aside order of remand passed by Board of Revenue in consolidation proceedings--Question involved in order of Board of Revenue was one of fact which had been answered in same order of Board and it was passed after making reference to record seen by Member, Board of Revenue himself--High Court merely relying on a photo copy, one of which was allegedly uncertified--Writ jurisdiction, held, was not properly exercised by High Court--Petition converted into appeal and appeal allowed and order of High Court set aside and that of Members Board of Revenue remanding case restored. Allah Wasaya Malik, Advocate Supreme Court with Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Abdus Sattar Chughtai, Advocate Supreme Court for Respondent No. 1. Date of hearing: 10th March, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 10-10-1978 of the Lahore High Court; whereby an order of remand passed by a learned Member, Board of Revenue in a matter arising out of consolidation proceedings was set aside in writ jurisdiction the result was that the order of Additional Commissioner (C) was restored. 2. The main question involved was whether the petitioner was afforded opportunity of hearing at relevant stages and was party to an order passed on 15-7-1971 by the Collector. The learned Member, Board of Revenue while remanding the case made the following observations in this behalf:- "The record shows that after A.C.Os order of confirmation of consolidation scheme on 30-5-1970 some amendments were made by the Collector (Cons.) in the scheme of the parties vide his order dated 15-7-1971. The order of the Collector (Cons.), dated 15-7-1971 shows that the petitioner was not a party before him. As such this order of Collector (Cons.) is bad in law and is accordingly set aside. The impugned order dated 10-5-1975 of the Additional Commissioner (Cons), Sargodha is also set aside. The case is remanded to the Collector (Cons.), Sargodha for fresh decision after hearing the parties." 3. The learned…

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