| Citation(s) |
|---|
| 1993 SLG 1070 1993 SLD 1070 1993 CLC 2424 |
Lahore High Court
W.P. No. 4514- of 1985, heard on 20th April, 1993
SHEIKH ABDUL MANNAN, J
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W.P. No. 4514- of 1985, heard on 20th April, 1993
SHEIKH ABDUL MANNAN, J
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NOOR DIN
VS
MEMBER (CONSOLIDATION), BOARD OF REVENUE, PUNJAB, Lahore and others
Law:
Section:
West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-- ----S.13---Correction in record---When question of delay in making application not material---Petitioner sought correction in record to the effect that Killas duly given to him in consolidation proceedings had inadvertently been written in different square number, which could be corrected---Matter pertained to ownership of land, application of petitioner for correction of square number, could not have been rejected on ground of delay in filing application for correction. JUDGMENT This Constitutional petition is directed against the order dated 16-5-1981 of the Member (Consolidation), Board of Revenue, Punjab, Lahore refusing to make certain correction in the order dated 22-6-1965 passed by his predecessor. 2. Brief facts of the case are that there was a dispute regarding consolidation of land and Shera, predecessor-in-interest of the respondents, filed an appeal which was decided by order dated 2-10-1963 of the Additional Commissioner (Consolidation), Sargodha Division, Sargodha, allocating Khasra Nos.21, 22 and 23 of Square No.4 in his favour. Killa Nos.l, 2, 3 of Square No.5 were given to Noor Din present petitioner, who filed revision petition before the Member, Board of Revenue and the same was accepted by order dated 22-6-1965. The operative part of the said order is as under:-- "I therefore direct that Killa Nos.21, 22 and 23 (part of Sqr. 24) should be withdrawn from the Khata of the respondents and be given to the petitioner who is the original owner of this land. In return the petitioner will surrender Killas Nos.l, 2 and 3 (part of Sqr. No.5) which will go to the respondents." Then after several years the present petitioner filed an application before the Member, Board of Revenue with the request that he had been given Killas Nos.21, 22, 23 of Sqr. No.4 but it has been inadvertently written as Sqr. No.24 and that necessary correction be made. This application was rejected by the Member, B.O.R. vide his order dated 16-5-1981 for the reason that the applicant should not have slept over his right and the correction cannot be made at a belated stage. This order is impugned in this petition.…
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