Case Details

Citation(s)
1999 SLG 957 1999 SLD 957 1999 CLC 1247
Lahore High Court
Writ Petition No.5012 of 1997, decision dated: 30-11-1998
SH. ABDUR RAZZAQ, J
Muhammad Khalid Alvi for Petitioners. Muhammad Tufail Alvi for
Respondents Nos.5 and 6

IMDAD HUSSAIN and others

VS

MEMBER, BOARD OF REVENUE (CONSOLIDATION), PUNJAB, Lahore High Court and others

Law:

Section:

West Pakistan Board of Revenue Act (XI of 1957)-S. 8---Constitution of Pakistan (1973), Art.199---Constitutional petition--- Review of order by Additional Deputy Commissioner (Consolidation)---Scheme was confirmed by Consolidation Officer and the same was set aside by the Additional Deputy Commissioner (Consolidation) in appeal---Review application was filed by petitioner and same was accepted by Additional Deputy Commissioner (Consolidation) setting aside earlier order---Validity---Power to review under S.8 of West Pakistan Board of Revenue Act, 1957 vested only with Board of Revenue and not with any other Officer---Order passed by Additional Deputy Commissioner (Consolidation) on review application was not maintainable as same had not been passed in accordance with law--- Additional Commissioner (Consolidation) had rightly set aside review order and same was rightly confirmed ' by the Member (Consolidation), Board of Revenue. Falak Sher and others v. Sharif and others 1989 SCMR 1096 and Asad Riaz v. Member, Board of Revenue, Punjab,, Lahore and 4 others 1997 SCMR 1611 ref. ORDER This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is directed against the order, dated 24-1-1996 passed by Additional Deputy Commissioner (Consolidation) and order, dated 19-2-1997 passed by Member, Board of Revenue. 2. Briefly stated the facts are that vide order, dated 30-6-1991 Consolidation Officer confirmed Scheme No.33. Against this order respondents Nos.5 and 6 filed an appeal with the Additional Deputy Commissioner (Consolidation) who vide order, dated 7-12-1992 accepted the same. The said order was challenged by the present petitioners before the same Officer vide application, dated 25-1-1993. The Additional Deputy Commissioner (Consolidation) vide order, dated 18-4-1994 set aside the order, dated 7-12-1992. Against the said order respondents Nos.5 and 6 filed a -revision petition with the Additional Commissioner (Consolidation), who vide order, dated 24-1-1996 accepted the same and set aside the order, dated 18-4-1994. The petitioners felt aggrieved of the said order and filed revision petition before the Member Consolidation,…
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