Case Details

Citation(s)
1995 SLG 485 1995 SLD 485 1995 SCMR 51
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 562 L of 1992, decision dated: 20-07-1993.On appeal from the judgment of Lahore High Court, Lahore, dated 25 5 1992 passed in Writ Petition No. 3166/84
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Ch. Khalilur Rahman, Senior Advocate with Malik Talib Hussain Awan, Advocate instructed by Sh. Salah-ud-Din, Advocate on-Record.
Respondents Nos. 1 to 10 in person

MUHAMMAD BASHIR and 2 others

VS

Mst. ROSHI and 12 others

Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967) S. 163 Constitution of Pakistan (1973), Art. 185(3) Factual controversy with regard to exact entitlement of petitioners and deficiency in making allocation of land to them was not pointed out or disputed before Board of Revenue In absence of such ground having been taken before Board of Revenue, High Court and Supreme Court would be justified in considering finding of fact of Board of Revenue, as sacrosanct. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) S. 13 Constitution of Pakistan (1973), Art. 185(3) Consolidation Scheme Challenge to Consent of land owners in Consolidation Scheme ¬Entitlement to agitate against such Scheme Distribution of land in consolidation proceedings and Scheme of Consolidation was ordinarily required to be prepared by sort of consensual arrangement by the affected land owners Such fact by itself would not bind them in a manner to disentitle them from challenging Scheme with regard to their entitlement and the category of land being offered to them so as to satisfy requirements of the law of consolidation Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J. The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 25 5-1992 whereby in a consolidation matter the High Court refused to interfere with the orders of the Member, Board of Revenue. 2. Ch. Khalilur Rahman, Senior Advocate, the learned counsel for the petitioners has mainly taken up two grounds one factual and the other legal in support. of this petition. The first is that both the High Court as well as the Member, Board of Revenue have wrongly assumed that the petitioners have received against their…
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