Case Details

Citation(s)
1992 SLG 747 1992 SLD 747 1992 CLC 887
Board of Revenue, Punjab
R.O.Rs. Nos. 565 to 568 and 563 and 564 of 1990, decided on 2nd October, 1990. DATE of hearing: 24th July, 1990
HAFEEZULLAH ISHAQ, MEMBER (CONSOLIDATION)
M. Saleem Zeervi for Petitioners. Syed Altaf Hussain Shah for
Respondents

MUHAMMAD AFZAAL

VS

DIRECTOR OF LAND RECORDS and others

Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Revision---Jurisdiction---Where revenue estate was still under consolidation for the reason that consolidation record of rights had not been consigned to the record yet, revision against mutation would lie to the hierarchy of consolidation department. PLD 1964 SC 410 ref. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Director Land Records was conferred powers of Collector Consolidation under West Pakistan Land Revenue Act 1967; revision against order of Director Land Records, would lie to Board of Revenue. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 44---Director Land Records having been vested with the powers of Collector was competent to order for the correction of revenue record but could not order correction of any other record which did not fall within the scope of his authority. (d) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Attestation of mutation without notice to affected party ---Effect--­Rights of land in question having accrued to petitioners, they should have been given an opportunity of being heard before attestation of mutation---No such opportunity having been given to petitioners, attestation of mutation was in violation of principle of natural justice, and thus void---Case was remanded to Collector for fresh decision according to law. (e) Natural justice, principles of--- ----Rights having duly accrued to petitioners relating to land in question, attestation of mutation in respect of such land without notice to petitioners was violative of the principles of natural justice and thus, void. ORDER These revision petitions are directed under section 13 of the Consolidation of Holdings Ordinance, 1960 against the orders dated 31-12-1989, 16 & 17-1-1990 and 27-1-1990, 12-2-1990 of the Director Land Records and Consolidation Officer respectively, whereby mutation Nos. 884,' 882, 883, 904, 905,906,932 and 892 were cancelled. 2. Brief facts of the cases are that the consolidation scheme of the revenue estate Rai, Tehsil and District Lahore was confirmed under section 10(4) of the Ordinance ibid by the Collector…
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