Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Revision against scheme of consolidation was heard and was adjourned by Member, Board of Revenue for "orders" ---Member, Board of Revenue was not available on the adjourned date---On next date of hearing revision was, summarily, decided by another Member of Board of Revenue on account of transfer of concerned Member, Board of Revenue who had heard arguments and had adjourned revision for orders on earlier occasion---Validity---Newly appointed Member, Board of Revenue was obliged to notify parties for hearing of case by him and, thereafter, to decide the same---Summary disposal of revision without hearing parties was not fair or appropriate---Such disposal of cases was not warranted by law while such exercise resulted in wastage of time and prolonging agony of parties---Revision being statutory remedy in terms of S.13, West Pakistan Consolidation of Holdings Ordinance, 1960, manner in which same had been dealt with, amounted to rendering remedy as nugatory--­Member, Board of Revenue having not given opportunity of hearing to petitioners, his order was declared to have been passed without lawful authority---Case was remanded to Board of Revenue for decision afresh in accordance with law. Textbook of Constitutional and Administrative Law by Brian Thompson 1995 Edn., p.364; R. v. Thames Magistrates' Court ex parte Polemis (1974) 1 WLR 1371; R v. South West London Supplementary Benefits Appeal Tribunal ex parte Bullen (1976) 120 SJ 437; R v. Diggines, ex parte Rahmani (1985) 1 QB 1109 and Crescent Sugar Mills and Distillery Ltd., Faisalabad v. Central Board of Revenue, Islamabad and 2 others PLD 1982 Lah. 1 ref. JUDGMENT Through this petition under Article 199 of the Constitution order, dated 14-11-1990, passed by the learned Member (Consolidation) Board of Revenue, Punjab, Lahore/respondent No. 14 has been called in question whereby he dismissed the revision petition, filed by the petitioner. 2. The consolidation scheme of Village Nikki Gujjran, Tehsil Shakargarh, District Sialkot was confirmed by the Consolidation…

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