Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------S. 9-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Consolidation of lands---Board of Revenue on the one hand issued notification in respect of consolidation proceedings on administrative side while on the other hand plea of petitioners/right-holders for such consolidation was accepted on judicial side---Validity---Board of Revenue acted in a dual capacity---Consolidation proceedings were controlled on the administrative side whereas matters arising out of such proceedings were dealt with on the judicial side by the Board of Revenue---Once the matter had been decided on judicial side, exercise of executive authority to nullify the effect of judicial decision would be improper exercise of authority--­Nullifying effect of judicial decision, even by legislative process, was not an accepted principle---Order passed by Board of Revenue on administrative side having no legal sanction at its back was of no legal effect---Notification issued by Board of Revenue was set aside. Chuttan and others v. Sufaid Khan and others 1987 SCMR 503; Sufaid Khan and others v. M.B.R: (Consolidation) and others NLR 1982 Revenue 87 and Nizamuddin Yahya and others v. Additional Chief Land Commissioner, Sindh and others PLD 1987 SC 260 ref. (b) Administration of justice--- ----Revoking of judicial decision by administrative process disapproved. Nizamuddin Yahya and others v. Additional Chief Land Commissioner, Sindh and others PLD 1987 SC 260 ref. JUDGMENT This common judgment shall dispose of Writ Petitions Nos. 16737 of 1999, 17994 of 1999, 17396 of 1999, 18825 of 1999 and 20239 of 1999 as in all the abovesaid Constitutional petitions vires of Memorandum, dated 16-4-1997 and 31-8-1999 have been challenged. Writ Petition No. 16737 of 1999: 2. The consolidation of village Saliiwal started in the year 1981, and consolidation scheme was allegedly confirmed on 31-3-1990. However, no written confirmation order was available on record and, the proceedings of consolidation were challenged by filing a revision petition before the Additional Commissioner, Sargodha Division, Sargodha who vide order,…

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