Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)----S. 42---Mutation, sanction of---Appeal---Revenue Officer, being either Tehsildar or a Naib-Tehsildar can sanction a mutation---Appeal against order of a Revenue Officer---Competency---Where an order is passed by an Assistant Collector of either grade, the appeal is competent before ' the Collector, but the same is competent before the Commissioner when the order is passed by a Collector---Appeal against the order of the Commissioner is preferred before the Board of Revenue, only on a point of law. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 161---Mutation, sanction of---Review---Competency---Power of District Collector/Deputy Commissioner regarding vires of a mutation sanctioned by Revenue Officer, as such the District Collector/Deputy Commissioner under S.161, Land Revenue Act, 1967 stands eclipsed therefrom and vires of a mutation sanctioned by a Revenue Officer cannot be analysed, dissected and considered by the District Collector. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 42 & 161---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Mutation, cancellation of---Review by Deputy Commissioner of a mutation, sanctioned by a Revenue Officer---Validity---Mutation was sanctioned in favour of petitioner, an appeal was preferred by respondent, against mutation before Assistant Commissioner/Collector---During pendency of appeal order of Revenue Officer regarding mutation was reviewed by Deputy Commissioner/ District Collector and mutation was cancelled---Validity---Although Deputy Commissioner of a District was the representative of State, yet he could not project his powers beyond substantive and procedural law of the Province--­Deputy Commissioner could review his own order or that of his predecessor in accordance with law and not that of his subordinates including Revenue Officer---Deputy Commissioner/District Collector had no jurisdiction to entertain any application and to pass any order against that of a Revenue Officer regarding sanction of a mutation---Order of Deputy Commissioner was coram non judice in circumstances. JUDGMENT One Paujdar son of…

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