Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 164

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Land Revenue Act (XVII of 1967)- S. 164---Revisional power of Member,' Board of Revenue --- Scope --- Such powers were structured upon principle of adversary hearing and the power of suprintendence of subordinate Revenue Officer by Board. (b) West Pakistan Land Revenue Act (XVII of 1967)--- S. 164 --- Initiating suo motu action in revision-Limitation --- Provisions of S. 164, 'West Pakistan Land -Revenue Act, 1967 provide a period of ninety days for filing -revision petition by an aggrieved party --- No period has been prescribed for initiating suo motu action. (c) West Pakistan Land Revenue Act (XVII of 1967) --- ---- S. 164 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional petition--­Suo motu revision petition was decided by Board of Revenue --- Such revision petition was ' sent to the Collector for a decision on the mutations challenged by the petitioner --- Board of Revenue passed such order of remand without making the vendees of transaction of sale as party to the proceedings and the case was remanded to the Collector who himself was a party to such revisional proceedings --- Validity --- Where vendees of transactions of sale were not made party in the. suo motu revision, any order passed by Board of Revenue affecting the rights of such vendees was without jurisdiction and without lawful authority and the same was set aside. Abdul Latif v., Syed Najaf Hussain Shah and others 1993 MLD 881; Muhammad Aslam v. Federal Land Commission PLD 1976 Pesh. 66; Caltex. Oil (Pakistan) Ltd. v. Province of Sindh PLD 1978 Kar. 958; Muhammad Aslam khan v. Settlement Commissioner (Lands) 1983 CLC 2991; Abdul Karim v. Province of Punjab PLD 1994'Lah. 334; Government of N.-W.F.P. v. Abdul Malik 1994 SCMR 833; State v. Abdul Hamid Jatoi PLD 1973 Rev. 29 and Khair Din v. 1. U. Khan PLD 1968 Lah. 11 ref. (d) Natural justice, principles of--- ---- Authority has no jurisdiction to pass an order against a person who is not before it. JUDGMENT The validity of order dated 7-11-1994, passed by the learned Member, Board of Revenue, Punjab/Lahore, is called in question in this Constitution petition.. 2. Facts, briefly stated, giving rise to this petition…

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