Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Consolidation Scheme---Petitioner in post-consolidation holding receiving land less than his entitlement which amounted to thirteen Marlas-Ka­mi and beshi to the extent of ten Marlas could be ignored as per Instructions of Board of Revenue; but Kami of thirteen Marlas in a small holding was unreasonable---Petitioner having not received a fair treatment, order in question, depriving him of part of land was set aside and case was remanded for fresh decision to meet the entitlement of petitioner according to rules. ORDER This revision petition is directed under section 13 of the Consolidation of Holdings Ordinance, 1960, against the order dated 27-8-1986, of the Additional Commissioner (Cons.), Gujranwala Division, whereby he dismissed the appeal of the petitioner. 2. Brief facts of the case are that the consolidation scheme of the Revenue Estate Hameedpur Kalan, Tehsil and District Gujranwala was confirmed under section 10(3) of the Ordinance, ibid by the Consolidation Officer on 30-9-1979. The petitioner feeling aggrieved, filed an appeal with a delay of 5 years 7 months and 8 days in the Court of the Collector (Cons.), Gujranwala who vide his order dated 15-6-1985 remanded the case to the Consolidation Officer with the direction to submit his report after examining the record and giving them an opportunity of being heard. Respondent No.2 assailed this order in the Court of the Additional Commissioner (Cons.) in appeal who vide his order dated 14-4-1986 accepted it holding that the Collector (Cons.) had no jurisdiction to hear even the case as the Collector (Cons.) had already passed his order on 20-8-1979 about the same parties at the time of `Jaiza' of the consolidation scheme of the village. The Addl. Commissioner (Cons.) while setting aside the Collector's order held that if the petitioner so desires, he may challenge the order of the Collector (Cons.) dated 20-8-1979 in his Court. 3. The petitioner challenged the order of the Collector (Cons.) dated 20-8-1979 in the Court of the Additional Commissioner (Cons.), who vide his impugned order rejected the appeal of the petitioner…

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