| Citation(s) |
|---|
| 1992 SLG 694 1992 SLD 694 = 1992 CLC 629 |
Lahore High Court
R.O.R. No. 769 of 1987, decided on 30th June, 1990. DATE ofhearing: 25th April, 1990
HAFEEZULLAH ISHAQ, MEMBER (CONSOLIDATION)
Ch. Khurshid Alam for Petitioner. Manzoor Ahmed Senior Clerk for
Respondent
R.O.R. No. 769 of 1987, decided on 30th June, 1990. DATE ofhearing: 25th April, 1990
HAFEEZULLAH ISHAQ, MEMBER (CONSOLIDATION)
Ch. Khurshid Alam for Petitioner. Manzoor Ahmed Senior Clerk for
Respondent
MUHAMMAD ISHAOvsTHE STATE
Law: West Pakistan Land Revenue Act, 1967
Section: 8, 9, 14,163 (2) (b)
Law: Colonization of Government Lands (Punjab) Act (V of 1912)
Section: 10
(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 163 (2) (b)---Review---Limitation---Time limit prescribed for review under S.163 (2) (b), West Pakistan Land Revenue Act, 1967, was ninety days--� Collector had moved for review of Additional Commissioner's order dated 24-9-1984 on 22-12-1984, same was received in the Commissioner's office on 23-12-1984---Review application having been filed within ninety days was thus, within time. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---West Pakistan Land Revenue Act (XVII of 1967), Ss. 8, 9, 14 & 163---'Commissioner" and "Additional Commissioner"---Powers and duties---Commissioner was .competent to withdraw a particular case including a case for review pending before Additional Commissioner to his own file---Permission for review of order having been specifically granted by Board of Revenue to Commissioner, he had neither overstepped his jurisdiction nor committed any illegality in making the impugned order in review. The terms `Commissioner' and `Additional Commissioner' have been defined in sections 8 & 9 of the West Pakistan Land Revenue Act respectively. The powers and duties of the Commissioner under the Land Revenue Act and, for that purpose, the Colonization of Government Lands (Punjab) Act extend to the entire division; whereas the Additional Commissioner can exercise all or any of the powers under these Acts, subject to the general supervision and control of the Commissioner of the Division. Additional Commissioner while exercising some or all powers of the Commissioner was still subject to the supervision and control of the Commissioner. Under section 14 (2), West Pakistan Land Revenue Act, 1967 the Commissioner has the power to withdraw any case pending before other Revenue Officer under his control. Thus section 14 (2) read with section 163, West Pakistan Land Revenue Act, 1967, did not preclude the Commissioner from reviewing any order passed by the Additional Commissioner as he was quite competent to withdraw a particular case including a case for review to his own file. (c) West Pakistan Land Revenue Act (XVII of 1967)---…