Case Details

Citation(s)
1998 SLG 1277 1998 SLD 1277 1998 SCMR 397
Supreme Court of Pakistan
Civil Petition No. 1493-L of 1996, decision dated: 11-03-1997
ZIA MAHMOOD MIRZA AND KHALIL-UR-REHMAN KHAN, JJ

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SAADAT ALI SHAH and others

VS

MEMBER (JUDICIAL III), BOARD OF REVENUEand others

Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--S. 13- Constitution of Pakistan (1973), Art. 185(3)---Consolidation Scheme---Preparation and confirmation of Consolidation Scheme by Consolidation Officer---Appeals/revisions were filed by some landowners which were still pending adjudication when petitioners filed application signed by majority of landowners of village before Member, Board of Revenue alleging numerous illegalities/malpractices in preparation of Scheme---Member, Board of Revenue forwarded such application to Additional Deputy Commissioner (Consolidation) with direction that same be treated as appeal and disposed of on merits---Constitutional petition against order of Board of Revenue was dismissed---Validity---Petitioner, when confronted with order of Board of Revenue, could not make out any grievance against the same and stated that they would not press petition for leave to appeal if observation was made by Supreme Court for early disposal, of matter remanded by Board of Revenue to Additional Deputy Commissioner (Consolidation)---Petition for leave to appeal was dismissed as not pressed with observation that Officer concerned would dispose of case remanded to him by Board of Revenue at an early date. Ch. Muhammad Ashraf Azeem, Advocate Supreme Court with S. Abul Aasim Jafari, Advocate-on-Record for Petitioners. M.A. Qureshi, Advocate-on-Record for the Caveators/Respondents Nos. l to 4. Date of hearing: 11th March, 1997. ORDER ZIA MAHMOOD MIRZA, J.---This case arising out of the Consolidation operations carried out in village Faizpur Khurd, Tehsil Ferozewala, District Sheikhupura has a chequered history. Consolidation scheme of this village was initially confirmed by the Consolidation Officer on 22-8-1967. It appears that no one challenged the scheme but the learned Member, Board of Revenue in exercise of his suo motu revisional jurisdiction set it aside on 21-7-1973 and remanded the case with the following directions:-- "However, to prevent this from causing undue dislocation the present possessions should not be disturbed. The new consolidation scheme should be prepared on such lines that there is a minimum dislocation of the…
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