| Citation(s) |
|---|
| 1995 SLG 1035 1995 SLD 1035 1995 CLC 788 |
Lahore High Court
Writ Petitions Nos. 206 of 1983/BWP, 7 and 8 of 1984/BWP, decision dated: 24th January,1995
TASSADUQ HUSSAIN, JILLANI, J
Ijaz Ahmad Chaudhry and Abdul Rashid Abid for Petitioners (in Writ Petition No. 206 of 1983-BWP). M.M. Bhatti for
Respondents (in Writ Petition No. 206 of 1983-BWP). Nazir Ahmad Bhatti, Asst. A. G. for the State (in Writ Petition No. 206/1983-BWP). Ijaz A
Writ Petitions Nos. 206 of 1983/BWP, 7 and 8 of 1984/BWP, decision dated: 24th January,1995
TASSADUQ HUSSAIN, JILLANI, J
Ijaz Ahmad Chaudhry and Abdul Rashid Abid for Petitioners (in Writ Petition No. 206 of 1983-BWP). M.M. Bhatti for
Respondents (in Writ Petition No. 206 of 1983-BWP). Nazir Ahmad Bhatti, Asst. A. G. for the State (in Writ Petition No. 206/1983-BWP). Ijaz A
KHUDHA BAKHSH er
VS
A.C. and others
Law:
Section:
(a) Land Reforms Regulation, 1972 (M.L.R.115)-------Para. 25---West Pakistan Land Revenue Act (XVII of 1967), S. 16---1?reemption suit---Assistant Collector's powers to entertain, hear and adjudicate . _ such suit within - the area of his jurisdiction---Notification dated 15th November, 1969, issued by Governor in terms of powers vested in him under. S.16, West Pakistan Land Revenue Act, 1967, conferred all the powers of Collector to Assistant Commissioners within their respective jurisdiction-Assistant Commissioner was, thus, vested with powers to entertain, hear and adjudicate pre-emption suit in terms of Land Reforms Regulation, 1990 MLD 1912;~PLD 1992 Lahore 158; 1983 SCMR 293; 1985 CLC 571; PLD 1989 Lahore 78; PLD 1971 Lahore 77; PLD 1969 Lahore 694; 1970 SCMR*694; 1970 SCMR 200; 1983 SCMR 737; 1982 SCMR 984; PLD 1994 Peshawar 183; 1985 SCMR 112; NLR 1981 Revenue 81; PLD 1988 SC 287 and PLD 1990 SC 504 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 8, 9 & 161---Land Reforms Regulation, 1972 (M.L.R. 115), para. 25---Additional Commissioner---Powers and functions---Jurisdiction of Additional Commissioner to hear appeals against order of Collector in pre-emption :c cases---Competent Appellate forum against order, of Collector although is' "Commissioner" .and word "Additional Commissioner" is not used in S. 161 of the West Pakistan Land Revenue Act., 1967, yet "Additional Commissioner" by virtue of powers envisaged under S. 9 of the said Act also hears appeals and" enjoys all the powers of Commissioner, subject to general supervision and control of Commissioner of the Division---Use of word "Commissioner" as appellate forum in Land Reforms Regulation, 1972, para. 25, and the words Collector", "Commissioner" and "Board of Revenue" would have the meanings, assigned to them in West Pakistan Land Revenue Act, 1967---Additional Commissioner was thus, competent to hear appeal against the order of Collector in pre-emption suit in terms of Land Reforms Regulation, 1972. (c) Interpretation of statutes--- ---- Where any provision of another statute is adopted, the construction placed upon that provision under the former statute would hold the…
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