Law:

Section:

West Pakistan Land Revenue Act (XVH of 1967)-------S. 163(2)---Review---If an Assistant Collector, Collector or Commissioner mistakenly would not obtain sanction of next higher authority as envisaged in S.163(2) of West Pakistan Land Revenue Act, 1967 and proceeded to review an order passed by his predecessor-in-office, the defect would not jeopardise applications for review, but would be deemed to be pending for disposal before Assistant Collector, Collector or Commissioner as the case might be. ORDER The application of the respondent for partition was ordered by the Assistant Collector, 1st Grade on 9-10-1983 to be proceeded ex parle against the petitioners. On 8-4-1984 the mode of partition was approved by the Assistant Collector, 1st Grade/Tehsildar, again ex parte against the petitioners. 2. The petitioners went to the Assistant Collector, 1st Grade/Tehsildar for the cancellation of the ex parte orders dated 9-10-1983 and 8-4-1984. The Tehsildar/Assistant Collector, 1st Grade by his order dated 23-7-1988 set aside the orders dated 9-10-1983 and 8-4-1984 passed by his predecesor. 3. The respondent went to the Collector in appeal which was accepted by the Collector on 17-1-1990. The petitioners" revision petition v1as rejected by the Additional Commissioner on 17-3-1991. Hence the present petition. 4. Even if the order dated 23-7-1988 is construed as an order under section 163 of the Land Revenue Act, and not an order under the C.P.C. Order 9, Rule 13 or an order under Rule 6 of West Pakistan Land Revenue Rules, 1968, it has to be borne in mind that if it was incumbent on the Tehsildar/Assistant Collector, 1st Grade to seek permission of the next higher authority, and he failed to…

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