Case Details

Citation(s)
1992 SLG 885 1992 SLD 885 1992 CLC 1413
Board of Revenue, Punjab
R.O.R. No. 1302 of 1986, decided on 20th October, 1991
HAFEEZULLAH ISHAQ, MEMBER (REVENUE)
Sh. Abdul Aziz for
Respondents Nos.1 to 4

ABDUL GHANI

VS

STATE and others

Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 163(2)(c)---Review---Essentials---No order would be modified or reversed unless reasonable notice had been given to parties affected thereby, to appear and to be heard in support of such order. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2(2)---Repeal of evacuee laws---Effect---After repeal of evacuee laws, there was no provision of review by a Notified Officer. (c) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 10(4)--- Correction of record---Any consolidation scheme confirmed under Consolidation of Holdings Ordinance, 1960, could not be disturbed or modified through correction of record by Revenue Authorities. ORDER Brief facts of the case are that the petitioner is the former husband and respondent No.2 his ex-wife whereas respondents Nos.3 and 4 are their daughters. They got allotted 59 Kanals and 3 Marlas land in village Dhander, Tehsil Shakargarh for maintenance purposes vide Permit No.963 dated 16-5-1951 as Jammu and Kashmir refugees. Later on, the petitioner divorced his wife and she alongwith her daughters started living separately in village Makhwal. In the meanwhile consolidation operations were started in the village Dhander where the disputed land was situated and respondent became owner of 3/4 share and the petitioner remained owner to the extent of 1/4 share. The petitioner challenged that order before the Settlement Officer/Collector, Sialkot who vide his order dated 29-10-1977 dismissed the case in default which was subsequently restored and was accepted on 10-4-1978 by which the names of the respondents were ordered to be deleted from Revenue Record, Being aggrieved by the said 'order the respondents went in appeal, before the Additional Commissioner who vide impugned order dated 2-4-1986 reversed the order of the Collector. Hence this revision petition under section 164 of West Pakistan Land Revenue Act, 1%7. 2. This revision petition was preferred in May 1986 and was adjourned from time to time due to one reason or the other and could not be disposed of during 5/1-2 years and therefore the parties were asked to…
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